What is a “contested” or “uncontested” divorce?
An UNCONTESTED divorce case is one in which the parties agree on ALL issues of their divorce. Since the parties agree on ALL issues in the divorce, there is NO fight or disagreement. The Attorney’s job in an Uncontested divorce is generally to prepare the proper documents to complete the divorce case. Generally less time is spent on Uncontested cases and therefore less fees and costs are charged.In a CONTESTED divorce case, the parties do NOT agree on the issues in the divorce case and therefore, the Court may need to assist the parties and counsel. When the parties disagree on major issues, the Court is generally involved by one party filing motions or requests for discovery. In Contested cases, the Attorney will generally be an advocate for their client and often the opposing party will also have an Attorney. The Court is often asked to make legal rulings on legal issues and ultimately if the parties cannot agree, the case may be set for Trial before the Court. Contested cases can so