| It amazes me that so many potential
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| | to the court.
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| clients do not know the difference
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| | What if there is not a complete agreement
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| between contested and uncontested cases.
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| | on all the above issues? Well, the
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| For example, many who call my office
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| | parties have just crossed over into a
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| believe that a case is uncontested simply
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| | contested case. A contested case simply
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| because both parties agree that they want
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| | means that there are issues involved that
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| a divorce. What they fail to realize is
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| | cannot be resolved by the parties and
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| that each party desiring to dissolve the
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| | there will need to be negotiations among
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| marriage is just the beginning. For a
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| | parties and counsel and possible, orders
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| case to be truly uncontested there needs
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| | of court. Thus, if there is even one
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| to be an agreement or resolution to all
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| | issue in dispute, the case is contested.
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| the issues involved. These issues
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| | Albeit, not hotly contested, contested
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| include, but are not limited to:
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| | nonetheless.
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| 1) Grounds;
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| | In such a contested case there can still
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| 2) Custody, Support, Visitation;
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| | be ongoing discovery issues. This is
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| 3) Division of Marital Property;
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| | where each party requests of the other
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| 4) Allocation of Debts;
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| | and must disclose the nature, location
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| 5) Division of Pensions and Profit
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| | and extent of all of their property,
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| Sharing Accounts;
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| | assets, and debts. This can be a very
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| If there are children involved, the list
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| | exhaustive exercise or simply an effort
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| of issues expands. For example, who can
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| | to force the other party to stipulate.
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| claim the child or children as dependants
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| | In any event, the cost of a case will
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| for tax purposes must be resolved?
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| | increase as discovery efforts continue.
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| Additionally, who will provide the
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| | Attorneys charge by the hour and must
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| medical coverage and who will cover any
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| | painstakingly review the information
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| extraordinary or uncovered medical
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| | submitted by opposing counsel.
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| expenses? Who will have the children for
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| | Additionally, the attorney must review
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| the Christmas Holiday, summer vacations
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| | and submit the information provided by
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| and winter vacations from school?
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| | his client as well.
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| Importantly, will there be a life
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| | Thus, a contested case can involve a much
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| insurance policy, naming the minor
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| | higher degree of work, expense and time.
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| children as irrevocable beneficiaries for
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| | So when a caller states that the case is
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| as long as there is a duty to support the
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| | agreed upon or uncontested, I must ask
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| minor children? These and other issues
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| | additionally questions to insure that
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| can be very important to the parties and
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| | there are no issues in dispute.
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