When married or common-law spouses separate, key issues such as property division, support, child custody, and access may need to be resolved.
When the parties cannot reach an agreement, it is necessary to apply to the court to ask for a final decision on the dispute issues.
If the other party does not respond, then the court can decide the issues at an “uncontested trial” that is attended only by the spouse who applied. The court can make binding decisions in the absence of a party, which makes it important to respond to a family court application if you receive one and to appear at any scheduled court dates.
Many cases settle out of court and it is possible and common to continue to negotiate out of court after a contested divorce is filed in court to increase the likelihood of a mutually agreeable, quick solution, and reduce legal costs.

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