Contested and Uncontested Divorce. What is the difference?

In many if not most cases, clients going through a divorce want to keep the costs to a minimum and for the case to end as quickly and hassle free as possible. This generally benefits all parties, as money not spent on attorneys results in more money to be retained by the parties and their children. Generally there are two types of cases: contested and uncontested.

In a contested divorce, the parties are unable to come to an agreement on one or more issues. As a result, the court must decide the final outcome. This type of case is normally more expensive because the case can last from couple months to years depending on how long the parties take to resolve their issues. If the parties are unable to come to a settlement, then their case will be presented before the judge who will ultimately decide for them at a trial.

In an uncontested divorce, both parties are able to come to an amicable agreement on all issues. For instance, equitable distribution of assets and liabilities, a parenting plan, parental responsibility, health insurance, uncovered medical expenses and all other issues that arise in the matter. These types of cases are almost always less expensive because the attorney will just have to prepare the paperwork and attend the final hearing. This includes the Petition for Dissolution of Marriage, Settlement Agreement, Final Judgment and the Parenting Plan (if children are involved). All the paperwork will be presented to the judge at the time of the final hearing. Generally, only one party must attend the final hearing, and he or she will walk away with an executed Final Judgment which officially divorces the parties.

Whether you have a contested or uncontested case, the Bowes Law Group will work with you to ensure your rights are protected. Contact us to schedule a free consultation.