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