How is uncontested divorce different from contested divorce?

When you are contemplating getting a divorce from your spouse, you have a lot of options. It is best to gather as much information as possible when considering divorce so you can make the best decision for your future. An uncontested divorce is when the parties have resolved all of the issues that need to be resolved to dissolve their marriage. Those issues typically are custody, child support, maintenance, equitable distribution, payment of counsel fees and expenses, what have you. Once an agreement is reached, usually if the parties never went to court, it’s reflected into a contract called the separation agreement. If they were in court and they resolved all their differences before a judge determined it for them, it’s called a stipulation of settlement. It’s the same thing. It’s a contract between the parties. That forms the basis for an uncontested divorce.

What then happens is one of the attorneys will submit to the court certain paperwork, such as the actual judgment of divorce, findings of fact, and conclusions of laws, and affidavits of the clients, that get filed with the court and in due course, depending on how busy a particular judge is, will be signed and returned to the attorneys. Now you’re divorced.

An uncontested divorce is when the parties have a valid separation agreement fully executed or a stipulation of settlement fully executed. Now that case is uncontested. All that needs to be done is the filing of additional papers with the court. The judge eventually will sign a judgment of divorce. Neither party will need to appear in court once the agreement has been fully executed.

If you require experienced legal representation for divorce and family law matters, contact the Law Offices of Mark S. Paige, P.C. today to schedule a consultation.