DIVORCE: CONTESTED V. UNCONTESTED
Getting a divorce is an unsettling process, no matter what the circumstances. If you’re getting a divorce, you likely have a lot of questions and concerns about what your future will look like and how you can protect yourself in the coming storm. You probably also wonder how your circumstances create the need for contested or uncontested divorce.
• Uncontested: In this situation, both spouses have agreed on all or most of the terms of their divorce ahead of time. They need a lawyer to draft their documents and make necessary court appearances rather than fight their battles in or out of court. Some cases of this sort may be eligible for a flat fee.
• Contested: There is generally a lot of fear and uncertainty that accompanies this kind of divorce. In this situation, the couple may be adversarial or at the very least disagree on the terms of the divorce. In cases such as these, a lawyer will represent the client through the necessary stages of the divorce, including mediations, emergency hearings or litigation. As one might expect, this type of divorce is more expensive than the first but may be necessary when the divorcing spouses are at odds or if one or both have dug in to rigid and/or unreasonable positions.