Frequently Asked Questions

What is an uncontested divorce?

What is a contested divorce?

Does a contested divorce mean I must go to trial?

Don’t contested divorces cost tens of thousands of dollars?

Can a contested divorce become uncontested?

Back to Top What is an uncontested divorce?

An uncontested divorce is when both spouses agree on all issues. They both must want the divorce, must agree on the grounds, agree on who gets custody of the children and the time the children will spend with each parent. Child support, maintenance and equitable distribution must also be agreed upon, as well as any other issue between the spouses.

If all issues are resolved before the divorce is filed, neither party must appear in court and the divorce can be filed as uncontested from the start.

Back to Top What is a contested divorce?

A contested divorce is when at least one issue is not agreed upon by both spouses. If the husband and wife have any disagreement, the divorce will proceed as contested, meaning that each spouse will be entitled to discover more information about the other, utilize investigators, experts and any other preparation necessary for a trial.

Back to Top Does a contested divorce mean I must go to trial?

Absolutely not. If a settlement is reached at any time, there will not be a trial. Very often the exchange of information, coupled with knowing that a trial date is looming will result in both spouses reaching a mutual agreement.

Back to Top Don’t contested divorce cost tens of thousands of dollars?

Some do, many cost far less, especially those that become uncontested. However, when there are serious issues, or if one side is determined to hurt the other side, it can get expensive.

Back to Top Can a contested divorce become uncontested?

Absolutely yes. Well over 90% of all divorces which start as contested settle, and are transferred to the uncontested calendar.