Dallas Divorce Is It Contested or Uncontested
Wednesday, December 3rd, 2008Another question I get frequently from potential clients: What is the difference between a contested divorce and an uncontested divorce?
Answer: The difference between a “contested” and “uncontested” divorce is generally a matter of how much time your attorney will have to spend analyzing the issues and contemplating the fairness of the settlement.
In an “uncontested” divorce, usually the parties have gathered information, negotiated and reached a settlement agreement on all issues prior to filing the divorce. The attorney’s job in that situation is to draft the paperwork according to the agreements the parties have reached.
It is very important to note that in an “uncontested” divorce, the attorney will likely not have enough information to advise the client on whether the settlement is fair or whether the client is making a wise decision.
If there are any issues that are not agreed to in advance by the spouses, then the divorce is considered “contested.” If a temporary hearing is necessary, then the divorce is “contested.” If there is a need for a temporary restraining order, then the divorce is “contested.” If any discovery needs to be done, then the divorce is “contested”. In other words, if one spouse has a lack of information available to him or her that would assist in evaluating the fairness of a settlement, then that spouse will need to request formal discovery of that information through the legal processes. Discovery can be costly and time consuming.
