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