What is the difference between a CONTESTED and UNCONTESTED divorce?
A case is “Contested” if the parties cannot agree in any one of the issues involved in their particular situation. Common areas of disagreement include, but are not limited to: Grounds for divorce Custody visitation Division of assets Child support Spousal Support (alimony) Payment of family debts Educational expenses Health Insurance Income tax structuring A case remains Contested until each and every item is resolved. If, however, at any time during the case, the parties can reach an agreement on all of the issues, they can then ask the court to have the matters heard as an “Uncontested” matter. When this occurs, the court will provide an expedited Hearing in which it will listen to the settlement. If the agreement and law is met, the court will approve the settlement and enter judgment on that day or soon after.
An “uncontested divorce” means that you and your spouse have reached an agreement as to all possible issues that have, in the past been, or may, in the future, be disputed. Some areas in which spouses cannot agree may involve: what is to be done with the marital home (viz. is it going to be sold and the profits from the sale divided evenly, if not, who is to remain in the home and is spouse who is to remain in the home going to “buy out” the other spouse’s share or interest? You and your spouse may reach an agreement before or after a Complaint is filed. Once the Complaint is filed, the Defendant must answer the Complaint (either admitting or denying the allegations contained in the Complaint). In uncontested cases, the Defendant would therefore admit everything. “Allegations” include: the date of the marriage, place of marriage, names and dates of birth of any children, date the parties separated etc. Additional areas in which an agreement may be reached might involve spousal support/
