5. Contested vs. Uncontested divorce
Please don’t misunderstand the difference between a Contested Divorce and an Uncontested Divorce. Whether your case is contested or uncontested has very little, if anything, to do with whether you both want the divorce. When I use the terms “contested divorce” and “uncontested divorce” I’m speaking of whether or not the issues have been resolved.
I’ve had countless cases where 1 spouse retains me for an “uncontested divorce” and even brings with all the terms of the divorce decree…except there are no provisions for whether the non-residential parent has to provide life insurance to secure the support obligations? If so, how much? What is the parenting schedule going to be? How long before the marital residence has to be refinanced (or listed for sale)? What about the contents in the marital residence? And the list goes on. Usually, divorcing couples simply don’t know everything that has to be accounted for, divided or planned for. You may think your case is “uncontested” but you won’t really know until ALL the provisions are drafted in a Marital Settlement Agreement and your divorce is granted by the divorce judge.
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