Each week I received a number of phone calls whereby people state that
they wish to obtain an uncontested divorce. However, many people are confused
as to what an uncontested divorce is. The simple definition is that an
uncontested divorce is one whereby the attorney is simply putting together
the legal documents with the correct legal language regarding all aspects
of the divorce, which are agreed upon by the parties prior to the attorney
being retained. As such, the attorney is simply following a list of agreed
upon terms and drafting the appropriate legal documents.
Many individuals who call me about conducting a divorce do not have a list
of things that they want written up in a divorce. Rather, they have a
list of assets and believe that things can be amicably settled. Unfortunately,
this is not an uncontested divorce. Anytime any asset needs to be divided
or child custody parenting time schedules need to be made this is a contested
matrimonial and has to be treated as such because at the very least settlement
proposals will be exchanged various times prior to a formal settlement
being reached. This is also the case if only attorney’s are used
and the issues of dispute are not brought before a Judge until the final
signing of the divorce documents.
While each divorce is different many times they are not as simple as one
can hope for. It is also important to choose the right attorney to work
with so that your issues/disputes regarding the divorce are addressed
appropriately. Sometimes an uncontested divorce only benefits one party
and is merely an attempt to have a less favorable outcome for the other
party and avoid that party obtaining legal advice from an attorney.