What are “uncontested” and “contested” divorces?
Simply, an “uncontested” divorce is one where the parties agree on the terms. A “contested” divorce is where a judge makes the final decision. Fortunately, the majority of divorces are resolved as an uncontested case. And a good number of initially contested cases are, through various means, resolved eventually as uncontested matters. Several years ago, a large St. Louis firm presented a seminar and recommended that lawyers advise their clients as to whether they were “settling” lawyers or “litigators.” This is silly. Family lawyers should obtain appropriate results for their clients based on a number of factors. Often, cases are settled and difficult litigation avoided. Occasionally, though, for various reasons, there has to be a trial. If both parents ultimately demand primary physical custody of a child, for example, there may be no other way. (See “What is a Parenting Plan?” below.) Usually, good lawyers will help their clients make the right decisions to reach a fair result by avo
