At least 90 days must have passed since the Petition for Dissolution of Marriage was served. If there are no disputed matters the court will usually approve an agreement between the parties. The agreement can be submitted by mail with an affidavit of non appearance if both parties have lawyers, and no court hearing is required for the divorce to be granted. If there are children and no attorneys, a court hearing is required for an uncontested divorce.
A contested divorce occurs when one or both parties dispute any matter, thus necessitating a trial. The Court will hold a trial to decide any disputed matters concerning parental responsibility, parenting time, child support, maintenance, division of property and debts, and payment of court and attorneys' fees. This hearing is called Permanent Orders. The parties will generally testify as to the assets, liabilities, their income and parenting issues. The Court has broad discretion to make equitable orders and orders in the best interests of the children.
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