If all the issues are decided between the parties they may agree to submit the papers to the court for approval; this is known as an uncontested divorce. When the defendant is served but does not answer the legal pleadings, the plaintiff may seek a default judgment by application to the court. If the divorce is started with a "Summons with Notice" then the grounds will either have to be proven by plaintiff's affidavit, or by testimony at an inquest if the divorce is uncontested or to be granted by default. Uncontested divorces are also granted after the defendant appears and waives the right to answer the complaint. In these cases the defendant neither admits nor denies the plaintiff's allegations, it is up to the plaintiff to prove the allegations by testimony or affidavit in such a case.
If all the issues are decided between the parties they may agree to submit the papers to the court for approval; this is known as an uncontested divorce When the defendant is served but does not answer the legal pleadings the plaintiff may seek a default judgment by application to the court If the divorce is started with a "Summons with Notice" then the grounds will either have to be proven by plaintiff's affidavit or by testimony at an inquest if the divorce is uncontested or to be granted by default Uncontested divorces are also granted after the defendant appears and waives the right to answer the complaint In these cases the defendant neither admits nor denies the plaintiff's allegations it is up to the plaintiff to prove the allegations by testimony or affidavit in such a case