CONTESTED vs. UNCONTESTED DIVORCES
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In a contested divorce, the spouses are unable to come to an
agreement on issues such as child custody and division of marital
assets, or even grounds for divorce. In situations such as this, you
can expect the legal process to take longer to conclude. When
spouses can’t agree they go before a court. The court makes the
final decision on all issues that they were unable to negotiate. This
differs significantly from an uncontested divorce.
Your case may start out as a contested divorce, but that does not
mean it will end in a trial. As we wind through the litigation process,
virtually 95% of cases settle at some point before a trial.
Regardless of the issues at stake, our office is ready, willing and
able to assist you ever step of the way from start to finish.
By contrast, in an uncontested divorce, both spouses agree to both
the divorce and all issues related to it, such as child custody,
alimony, grounds, parenting time, and the division of property
and/or assets. Obviously, an uncontested divorce is far more
preferable to both spouses as well as their children. An
uncontested divorce is far less expensive and takes less time than
a contested divorce.
Uncontested divorces do not require going to court. Typically, all
issues are worked out without the need for even a single court
appearance. Once all of the issues are agreed by the parties, an
agreement is drafted for review. If the parties find that agreement
acceptable, then the rest is merely paperwork for your attorney to
complete.
Uncontested divorces are done in our office on a flat fee basis.
What this means is you pay one single fee and all of the work and
court filing fees are included. There are no hidden charges or
additional fees incurred. In fact, payment plans are even available
to help you pay the flat fee. Flat fees may vary depending on the
complexity of your issues, however, they are all generally in the
same price range and are very cost effective.
agreement on issues such as child custody and division of marital
assets, or even grounds for divorce. In situations such as this, you
can expect the legal process to take longer to conclude. When
spouses can’t agree they go before a court. The court makes the
final decision on all issues that they were unable to negotiate. This
differs significantly from an uncontested divorce.
Your case may start out as a contested divorce, but that does not
mean it will end in a trial. As we wind through the litigation process,
virtually 95% of cases settle at some point before a trial.
Regardless of the issues at stake, our office is ready, willing and
able to assist you ever step of the way from start to finish.
By contrast, in an uncontested divorce, both spouses agree to both
the divorce and all issues related to it, such as child custody,
alimony, grounds, parenting time, and the division of property
and/or assets. Obviously, an uncontested divorce is far more
preferable to both spouses as well as their children. An
uncontested divorce is far less expensive and takes less time than
a contested divorce.
Uncontested divorces do not require going to court. Typically, all
issues are worked out without the need for even a single court
appearance. Once all of the issues are agreed by the parties, an
agreement is drafted for review. If the parties find that agreement
acceptable, then the rest is merely paperwork for your attorney to
complete.
Uncontested divorces are done in our office on a flat fee basis.
What this means is you pay one single fee and all of the work and
court filing fees are included. There are no hidden charges or
additional fees incurred. In fact, payment plans are even available
to help you pay the flat fee. Flat fees may vary depending on the
complexity of your issues, however, they are all generally in the
same price range and are very cost effective.
Read more details about Contested Divorces: |
In a contested divorce, there are certain steps involved in the
process:
• Meeting With Your Attorney. Once you have selected an
attorney, your attorney will interview you in detail -typically called
a client intake. During this intake, your attorney will gather all
documents related to marital assets, children of the marriage and
any other pertinent issues. Your attorney will then prepare your
divorce summons and file it with the court. The divorce summons is
simply a two page document that specifies the names of the parties,
the grounds for divorce and the relief you will be requesting in the
divorce.
• Serving Your Spouse with a Divorce Summons. Once your
divorce summons is filed with the court, your attorney will then
serve the summons on your spouse. Your spouse must be served in
person. In the event that you are unable to locate your spouse a
notice can be published in local newspapers, and you will then have
to wait a predetermined time period before moving ahead. This
scenario is called a "divorce by publication."
• Responding to Your Divorce Summons. Most state laws require
your spouse to respond to the divorce summons within 30 days. If
your spouse fails to respond within a specified time period, he or
she will be in default. In that case, you may obtain a default
judgment of divorce. However, if your spouse does respond, your
case will likely proceed to Supreme Court.
• Discovery. Discovery is the part of the divorce process where
spouses can obtain detailed information from each other about
marital assets, income, custody and any other issues relevant to
the divorce. This is done through written requests made by your
own attorney and sent to your spouse. During discovery, which may
take many months depending on the volume of information
requested, the spouses are able to request temporary orders for
child support or alimony from the courts.
• Settlement. Most judges will encourage the spouses to come to
an agreement before the final court date. The judge may order the
spouses to go to mediation. During mediation, a neutral third party
helps the spouses to negotiate any unresolved issues. If the
spouses cannot arrive at an agreement, the discovery phase will
continue and the case will be scheduled for trial.
• Trial. During the trial, each side will be able to call witnesses,
cross examine the other side’s witnesses and make closing
arguments as well as present all evidence that was obtained during
the discovery process. The backlog of divorce cases in usually will
determine how quickly your case will go to trial. During trial, the
judge will listen to both sides of the case. He or she will then come
to a decision regarding all issues. The length of time it takes the
judge to write a final order is directly related to the complexities of
the case. It is not necessary for your spouse to sign the divorce
papers. In fact, if your spouse refuses to participate in the divorce
process at all, you can still obtain a valid divorce through a default
judgment. If your spouse is being uncooperative however, you need
to work closely with your attorney to see what best strategy to
employ for your particular situation.
• Post-Trial Motions. After the trial is over and the judge has
signed his or her order, either party is entitled to file a post–trial
motion for relief from the final judgment. The party typically has 30
days after the order is signed to file a post-trial motion. The other
party has 30 days to respond to the motion.
• Appeal. If post–trial motions are denied a notice of appeal can be
filed within 30 days of the final judgment or 30 days after the post–
trial motion is denied. The party seeking the appeal will have a few
months to file the lower court record with the appeals court and file
his or her brief. The other party will then have about a month to file
a response brief. In most states, the parties will be granted oral
argument, and the court will then make its final decision. If the
case is reversed, the appellate court will send it back to the trial
court for further proceedings. If the case is affirmed, it is over.
Do I Need a Lawyer for My Divorce? Like most processes in the
field of law, the process for obtaining a contested divorce can be
very confusing. It is wise to consult with a competent family law
attorney like myself to help explain your rights and to protect your
interests. I am an experienced divorce lawyer who knows how to
navigate the complicated legal process. In addition, I am here to
answer any questions you might have along the way.
process:
• Meeting With Your Attorney. Once you have selected an
attorney, your attorney will interview you in detail -typically called
a client intake. During this intake, your attorney will gather all
documents related to marital assets, children of the marriage and
any other pertinent issues. Your attorney will then prepare your
divorce summons and file it with the court. The divorce summons is
simply a two page document that specifies the names of the parties,
the grounds for divorce and the relief you will be requesting in the
divorce.
• Serving Your Spouse with a Divorce Summons. Once your
divorce summons is filed with the court, your attorney will then
serve the summons on your spouse. Your spouse must be served in
person. In the event that you are unable to locate your spouse a
notice can be published in local newspapers, and you will then have
to wait a predetermined time period before moving ahead. This
scenario is called a "divorce by publication."
• Responding to Your Divorce Summons. Most state laws require
your spouse to respond to the divorce summons within 30 days. If
your spouse fails to respond within a specified time period, he or
she will be in default. In that case, you may obtain a default
judgment of divorce. However, if your spouse does respond, your
case will likely proceed to Supreme Court.
• Discovery. Discovery is the part of the divorce process where
spouses can obtain detailed information from each other about
marital assets, income, custody and any other issues relevant to
the divorce. This is done through written requests made by your
own attorney and sent to your spouse. During discovery, which may
take many months depending on the volume of information
requested, the spouses are able to request temporary orders for
child support or alimony from the courts.
• Settlement. Most judges will encourage the spouses to come to
an agreement before the final court date. The judge may order the
spouses to go to mediation. During mediation, a neutral third party
helps the spouses to negotiate any unresolved issues. If the
spouses cannot arrive at an agreement, the discovery phase will
continue and the case will be scheduled for trial.
• Trial. During the trial, each side will be able to call witnesses,
cross examine the other side’s witnesses and make closing
arguments as well as present all evidence that was obtained during
the discovery process. The backlog of divorce cases in usually will
determine how quickly your case will go to trial. During trial, the
judge will listen to both sides of the case. He or she will then come
to a decision regarding all issues. The length of time it takes the
judge to write a final order is directly related to the complexities of
the case. It is not necessary for your spouse to sign the divorce
papers. In fact, if your spouse refuses to participate in the divorce
process at all, you can still obtain a valid divorce through a default
judgment. If your spouse is being uncooperative however, you need
to work closely with your attorney to see what best strategy to
employ for your particular situation.
• Post-Trial Motions. After the trial is over and the judge has
signed his or her order, either party is entitled to file a post–trial
motion for relief from the final judgment. The party typically has 30
days after the order is signed to file a post-trial motion. The other
party has 30 days to respond to the motion.
• Appeal. If post–trial motions are denied a notice of appeal can be
filed within 30 days of the final judgment or 30 days after the post–
trial motion is denied. The party seeking the appeal will have a few
months to file the lower court record with the appeals court and file
his or her brief. The other party will then have about a month to file
a response brief. In most states, the parties will be granted oral
argument, and the court will then make its final decision. If the
case is reversed, the appellate court will send it back to the trial
court for further proceedings. If the case is affirmed, it is over.
Do I Need a Lawyer for My Divorce? Like most processes in the
field of law, the process for obtaining a contested divorce can be
very confusing. It is wise to consult with a competent family law
attorney like myself to help explain your rights and to protect your
interests. I am an experienced divorce lawyer who knows how to
navigate the complicated legal process. In addition, I am here to
answer any questions you might have along the way.