Do You Have an Uncontested Divorce?

Determining if you have an uncontested divorce situation is not as easy as it sounds.  If divorce is going to happen, it’s generally much better if the parties can agree on everything before one files.  It’s also better to agree first and avoid the headache and heartache along with the cost and stress of going through a contested divorce.  It’s not always that easy though.

In order to truly be uncontested is not the decision of one of the parties, it’s a decision by both of the parties.  Often we have a client in the office that states they have an uncontested divorce, only to find out later that only he/she feels there’s nothing to argue about, the other believes there’s plenty to argue about and isn’t agreeable to anything.  Sometimes out of spite, sometimes out of fairness, and sometimes they believe it’s better to try and “outspend” their soon-to-be ex, whatever the reason, they are contesting and it can get nasty.

To truly have an uncontested divorce, the parties need to agree on everything from money and property to kids and schooling.  If one party wants the kids on certain nights, but the other party does as well, you have a contest.  Think of “uncontested” as meaning “we agree on every single facet of the separation and divorce. Stating up from that the matter is uncontested, only to realize later that the matter is actually contested will cause more trouble, hassle, stress, and fees and is necessary.  Hence, if you believe the matter is uncontested, be sure your soon-to-be-ex agrees with you and work out the details on your own or with the guidance of an attorney, but not assume.

If you believe you have an uncontested divorce situation, feel free to give me a call for a free consultation to talk through the issues. Often doing so will ease the process for all involved and ultimately save the parties from incurring needless expenses.

Please feel free to watch the video on this subject.