Contested divorces are an entirely different monster. And I do mean monster. If both of the parties are unable to agree upon the terms and conditions of the divorce it will be regarded as a contested divorce. Division of the assets, debt allocation, alimony, child custody and spousal support are some of the commonly disputed issues.
We hear it almost every day: "Well, I think we’re pretty much uncontested, there might just be one or two issues that are contested. Does that mean I’ve got a contested divorce?"
Is it simply who gets the bedroom set and the car payment? Or is it a battle over child visitation and the house? When you approach an attorney wanting an uncontested divorce, you need to be in a situation that represents total agreement by both parties. From who gets that one favorite household item to child visitation. If you do find yourself with some minor disagreements, we encourage you to try to come to a compromise for the greater good. One party or the other will have to give on multiple issues, so choose your battles.
If those "one or two issues" balloon into major entanglements, we would classify your divorce as contested. Uncontested divorces require lesser legal work – contested situations require discussion with opposing counsel or parties, mediation, discovery, and even trial, in addition to the same drafting of documents required in uncontested situations.
Contested or uncontested, you need an experienced attorney fighting on your behalf. Contact Davis, Kessler & Davis today for your free consultation and help you through what is already a troubling time for you and your family.