Divorce. Child Custody. Child Support. Adoption.
CONTESTED DIVORCE VERSUS UNCONTESTED DIVORCE
Of course, different lawyers have different procedures in their offices. In our office, we generally divide divorces into two categories: contested and uncontested.
A couple can obtain an UNCONTESTED divorce when they are able to come to a complete agreement on all issues related to their divorce. This includes custody of the children, child support, division of all property, and division of debts.
We encourage our clients, where appropriate, to consider an uncontested divorce first, as it is the simplest and most cost-effective procedure for many people.
In an UNCONTESTED divorce procedure, the attorney meets personally with the client to describe the procedure, answer questions, and gather the information necessary to prepare the paperwork. Once all of the information has been obtained, we can usually have a packet ready for the client’s review within a week’s time.
After both parties have signed all of the paperwork, we file the documents with the Court. From the date the documents are filed, there is a mandatory waiting period of 31 days. At the end of 31 days, we will have our client sign a sworn statement in which the client asks the Court to grant the divorce, and we will have all of the necessary documents delivered directly to the Superior Court Judge for his signature. After the Judge signs, we deliver the final documents to the Clerk’s office for filing, and the uncontested divorce is complete.
A CONTESTED divorce is necessary when couples cannot agree on some aspect of their divorce. For instance, a couple may agree on custody and visitation and division of property, but disagree on the appropriate amount of child support. In cases where couples cannot reach a complete agreement, a judge (or in rare instances, a jury) must make the decision.
Every contested divorce is unique and requires lengthy and detailed explanation.
IT IS VITALLY IMPORTANT TO US THAT ALL OF OUR CLIENTS UNDERSTAND ALL OF THEIR OPTIONS, WHETHER THEIR DIVORCE IS CONTESTED OR UNCONTESTED.
If you have questions or would like an appointment, please click on Contact, above, and e-mail us. You will receive a timely response. Ms. Hardy and her staff are waiting to help you.