I am asked this question by clients more often than any other question. And, ironically, this is the question that I am probably least able to answer on my own. First, I’ll define the terms. An uncontested divorce means that the parties are in agreement on ALL issues currently confronting them and are willing to enter into a contract of settlement that will end the case on a final basis. A divorce is contested if the parties disagree on any issue (custody, visitation, child support, division of assets, a division of debts, etc.) and need a hearing with a judge to resolve any dispute.
However, the idea that “simple cases settle and complex cases do not” is certainly not a hard and fast rule. Phillip & Sellers can help you navigate the waters of divorce. If you’re trying to determine what path your divorce may follow, think about these issues.
Is My Divorce Contested or Uncontested? – Four Questions to Ask
- Does Your Spouse Want the Divorce as Much as You Do? It’s not uncommon for one person to think that his or her marriage is damaged beyond repair while that person’s spouse thinks everything is just fine or the relationship can be saved. So, at the most basic level of analysis, you both have to agree that divorce is the right way to resolve your marital problems or an uncontested divorce is not possible.
- Do You Know How to Find Your Spouse? This may sound silly, but this issue arises fairly often. Someone