Contested & Uncontested

If you and your spouse are considering divorcing, there are a couple of basic questions you should ask yourself first:

1. Is the relationship stable enough that peaceful communication about the divorce is possible?
2. Is there general agreement about the divorce and the settlement issues of divorce?

If you answered yes to both of these questions it is likely that you may pursue an uncontested divorce. If you answered no, however, there is a good chance the divorce is contested.

Contested Divorce

Contested divorce stems from partners who are unable or unwilling to agree on one or more of the following:

• Child custody and child support
• Property and asset division
• Alimony/spousal support
• Division of Debt

Occasionally, one party argues that the other has no grounds for divorce. This is also considered a contested divorce, though the term more commonly refers to a dispute over the issues above.

In the case of a contested divorce each partner usually has his or her own lawyer. In an effort to avoid lengthy and expensive litigation, most couples pursue alternative dispute resolution (ADR) such as collaborative law, arbitration or divorce mediation. If ADR fails, the next step in the divorce process is to pursue litigation in a court of law.

Uncontested Divorce

When the divorce issues listed above can be agreed upon by the divorcing parties, the result is an uncontested divorce. Uncontested divorce is desirable when possible and holds a number of advantages over a contested divorce, including:

• Eliminating the high costs of hiring attorneys and paying court fees
• Resolving the divorce in a matter of months instead of a year or more
• Avoiding the stress and emotional drain of a drawn out legal battle

While there’s no such thing as a good divorce, one that is resolved in a timely and amicable manner is the best case scenario for all parties involved.

Whether you are considering a divorce or in active litigation, I can provide divorce advice. I have over twenty-five years of experience helping families through divorce. As a divorce lawyer, I can help you settle your divorce peacefully, through collaborative law, or mediation. I am also prepared to provide firm representation if litigation is necessary.