Uncontested & Contested Divorce Cases

There is often confusion over whether a divorce case is going to be contested or uncontested. Many people think that an uncontested case is one in which the parties both agree that there should be a divorce or dissolution of the marriage. In reality, to have an uncontested case, there must be total agreement on all the issues surrounding the divorce.
For example, there must be an agreement on custody, support, visitation, division of property, allocation of debt and many other issues. To simply agree that the parties should divorce is far from being uncontested.

A contested case is where there is no agreement as to how the issues should be resolved. In a contested case, a Petition for Dissolution is filed with the Clerk of Court. A Sheriff or other process server is then hired to serve the non-filing party with a copy of the summons and petition. The Respondent then has thirty (30) days from the date of service to file an appearance and get involved in the case. From that point forward, the case can last months or years. It all depends upon the issues involved, the reasonableness and willingness of the parties to reach a settlement and quite frankly, the parties' respective legal counsel. Some attorneys are swift in bringing a resolution where others simply delay and generate fees.

In summary, simply agreeing that there should be a divorce does not constitute an uncontested case. There must be total agreement regarding all of the issues involved.

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