A contested divorce arises out of a disagreement as to the terms of divorce.

Some of the commonly contested issues include the following:

1. Who should have custody?
2. What type of visitation should the non-custodial parent have?
3. Should a Joint-Custody Order be entered?
4. How much should the child support be?
5. How should the property be divided?
6. How should the debts be divided?
7. Is alimony appropriate, and if so, how much?
8. Who should pay the costs and attorney fees?

An uncontested divorce can occur when each party reaches a mutual agreement on all issues.

This is usually accomplished in one of three ways:

1. One party is represented by an attorney and the other is pro se (representing themselves). This is known as a Waiver Divorce.
2. Each party has an attorney and the outcome is still the result of a mutual agreement that has been negotiated by their respective attorneys.
3. Both parties choose to do what is commonly referred to as a “kit” divorce which usually does not include the participation of an attorney. This means it is your responsibility to be familiar with and in compliance with all of the State Laws, Federal Laws and Court Rules that apply to your particular circumstances.

Potential Advantages of an Uncontested Divorce:

1. Less costly.
2. Less paperwork.
3. Fewer Court appearances.
4. Start to finish usually takes less time.
5. You and your spouse have control over the outcome (Subject to being in compliance with Local Court Rules, State Law, Federal Law and the Court’s approval).
6. Less stress.

Is an Uncontested Divorce appropriate for you? An uncontested divorce is based upon a foundation of mutual trust, cooperation and full disclosure as well as compliance with the applicable laws and Court Rules. If any of these factors are of concern, an uncontested divorce may not be an option.