Uncontested Divorce Law

There are two kinds of divorces:Contested Divorce, and Uncontested Divorce.

A divorce is uncontested when the partners seeking to terminate their marriage agree on every issue related to the ending of their marriage. This does not necessarily mean that the divorce is amicable, but merely that all disputes between husband and wife were resolved outside of the courtroom. An uncontested divorce is usually the preferred situation for the parties involved. The process is more time efficient and much less costly than litigation.

An uncontested divorce occurs when: (a) there are no disagreements between you and your spouse over any financial or divorce-related issues (i.e., child custody and support, division of marital property or spousal support); and (b) your spouse either agrees to the divorce, or fails to appear in the divorce action.

Contested Divorce Law

A contested divorce is one in which the husband and wife cannot come to an agreement on one or several issues related to the termination of their marriage. Where the partners cannot come to an agreement, even with the aid of their respective counsels, the couple must then take their issue(s) to a court to be decided.

Contested divorces are more common, considering that there are many issues to be worked out between a couple that has decided to divorce... such as:

• Custody of children and child support
• Division of property
• Allocation of debts
• Alimony
• Uncontested Divorce

You may sue for divorce thinking that the proceeding will be uncontested, but discover later that your spouse has decided to contest ("fight") the case. If this occurs, you may wish to consult an attorney, or you may proceed on your own without an attorney.