Contested vs. Uncontested Divorces

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In an uncontested divorce the Wife and Husband (the parties) have come to an agreement or are very close to coming to an agreement regarding all issues of their divorce. Generally speaking, there are no court appearances.

If all issues are agreed upon then the divorce is considered uncontested and will proceed as such. An uncontested divorce is a quick process that does not have to be unnecessarily expensive. The process includes an attorney drafting a contract between the parties that details the agreement regarding the above issues. Once the agreement is signed by the parties, the final divorce paperwork is submitted to the Supreme Court for processing. The divorce ends when the Supreme Court returns a Judgment of Divorce with Findings of Facts and Conclusions of Law.

Do both parties need an attorney in an uncontested divorce?

It is highly recommended that both parties have their own attorneys, as each one will represent the interests of their client only. The attorney can draft an agreement for their client and present it to the unrepresented party for review but the attorney cannot offer any advice or consult with the unrepresented party. This is a very strict rule for all lawyers.

How do I know if my case is Uncontested?

This is only a short list of criteria to consider when determining of your divorce action will be uncontested.

The Contested Divorce Action

In the event that an agreement cannot be reached a judge, after trial, will decide these issues. This is considered a contested litigated divorce matter.

On a positive note some issues begin by being contested but during the divorce litigation process a settlement or agreement can be reached thereby limiting the issues for a judge to decide.