What is the difference between a contested and uncontested divorce?
When you are considering filing for divorce, and you contact a divorce lawyer, the first question the attorney will ask you is, "Whether your divorce is going to be contested or uncontested?" Often, the answer to this question is not a simple one.
When an attorney asks that question they are trying to determine whether you and your spouse have discussed any or all of the issues that may be involved in your divorce. How close or far apart the two of you have been in the discussion of those issues. If you and your spouse have worked out all of the issues, such as an equitable division of marital property, spousal support, child custody, visitation, and child support, prior to contacting an attorney, then your divorce will most likely be an uncontested divorce. Generally, in an uncontested divorce, an attorney for one of the parties will draft a Marital Dissolution Agreement (MDA) reflecting the agreement, both parties. The parties will review MDA, there will be minimal changes, if any, to the agreement. The attorney will make any neccessary changes to the MDA, have both parties sign and file it with the court along with the Divorce Complaint and other statutory requirements.
A contested divorce, on the other hand, refers to a situation where you may not have spoken to your spouse about the issues in your divorce or that you have been unable to come to an agreement upon the terms of the settlement agreement. In this type of matter, your attorney will negotiate the terms of the settlement agreement, if possible, with your spouse and/or the opposing counsel. Some of these "Contested Divorce" cases ultimately lead to litigation and eventually a trial. It is important to know that many of these “Contested Divorce” cases result in the parties ultimately resolving their differences outside of a courtroom through negotiation and mediation.
Often, in the begining, it is difficult to determine whether a divorce is contested or uncontested. What may seem to be an uncontested divorce can ultimately turn out to be contested in the end. The key question is whether you perceive that you and your spouse can work things out over the course of a divorce, but whether or not you have already done so.
An experienced divorce attorney can help you have a better understaning of your particular situation.*
*This answer is for informational purposes only, you should always contact an experienced family law attorney prior to taking any action.
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