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Contested Versus Uncontested Cases

It amazes me that so many potentialcourt.
clients do not know the differenceWhat if there is not a complete
between contested and uncontested cases.agreement on all the above issues?
For example, many who call my officeWell, the parties have just crossed over
believe that a case is uncontestedinto a contested case. A contested case
simply because both parties agree thatsimply means that there are issues
they want a divorce. What they fail toinvolved that cannot be resolved by the
realize is that each party desiring toparties and there will need to be
dissolve the marriage is just thenegotiations among parties and counsel
beginning. For a case to be trulyand possible, orders of court. Thus, if
uncontested there needs to be anthere is even one issue in dispute, the
agreement or resolution to all thecase 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 Profitassets, and debts. This can be a very
Sharing Accounts;exhaustive exercise or simply an effort
If there are children involved, the listto force the other party to stipulate.
of issues expands. For example, who canIn any event, the cost of a case will
claim the child or children asincrease as discovery efforts continue.
dependants for tax purposes must beAttorneys charge by the hour and must
resolved? Additionally, who willpainstakingly review the information
provide the medical coverage and whosubmitted by opposing counsel.
will cover any extraordinary orAdditionally, the attorney must review
uncovered medical expenses? Who willand submit the information provided by
have the children for the Christmashis client as well.
Holiday, summer vacations and winterThus, 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 irrevocablecase is agreed upon or uncontested, I
beneficiaries for as long as there is amust ask additionally questions to
duty to support the minor children?insure that there are no issues in
These and other issues can be verydispute.
important to the parties and to the



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