Contested vs. Uncontested Divorce

Many lawyers advertise for “uncontested divorce”.  An uncontested divorce is one in which the parties have agreed on ALL issues, and are ready to enter in to a complete agreement prior to even filing for divorce.

Clients often believe that their divorce will be uncontested because they have spoken with their spouse and both agree with the basic premise that they should get a divorce.  However, they have not reached an agreement on specific issues such as parenting time (including holidays and school year versus summer time), child support, division of property (including retirement accounts) and debts, etc.  These are the issues that need to be worked out before a divorce can be considered “uncontested”.

A divorce will be considered “contested” as soon as the other party files a “Response” to the Petition for Dissolution.  This is true even if the parties have reached agreements on all issues.  Those agreements still need to be put in to an Order and signed by the parties.  If the parties reach an agreement on all issues, a “Consent Decree” and “Parenting Plan” (if children are involved) need to be signed and filed with Court.

Obviously an “uncontested divorce” is much easier and cheaper to obtain than one that is contested.  If you are considering getting a divorce, and you believe that you and your spouse would be able to reach an agreement on all issues, you should meet with an attorney to make sure that your agreements are specific and address all issues.

Contact the attorneys at Trullinger & Wenk to schedule a consolation with a Divorce Attorney to discuss the specifics of your case. 623-201-8773