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