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How can a uncontested divorce be considered a law suit? Does the court even get involved in that case?

How can a uncontested divorce be considered a law suit? Does the court even get involved in that case?

A law suit is a claim or dispute brought to a court of law for adjudication. A divorce action is a kind of law suit.

All divorce cases, whether contested or uncontested, are law suits, although all law suits are clearly not divorce cases.

First, understand the definition of law suit, which is “a claim or dispute brought to a court of law for adjudication.”

Second, a divorce cannot be obtained except through a court, and to obtain a divorce from the court you must file a lawsuit in the form of a petition or complaint (depending upon the name your jurisdiction gives it) for divorce.

So even an uncontested divorce—where the parties do not litigate (“quarrel” “argue”) in court and instead sign a settlement agreement and file that agreement with the court to show the court that they want a divorce but don’t want or need to fight over any of the issues that could have been disputed—must be initiated by at least one of the two spouses filing a petition or complaint for divorce, so that the court can exercise jurisdiction (the power to make legal decisions and judgments) over you and your marriage to grant a divorce.

Utah Family Law, LC | divorceutah.com | 801-466-9277

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