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What Is the Difference Between a Contested & Uncontested Divorce?

Are you going through a divorce and both you and your spouse agree? If yes, this is an uncontested divorce. Many times with uncontested divorces one person gets a lawyer and you let the lawyer represent you both. 

However, the divorce decree that is signed by the judge is the most important document that you’ll ever have signed. 

Without getting your own representation you could be misrepresented! 

Learn today from Tyler Monahan what will be decided by your divorce decree and why you should consider getting your own representation. 

Q: What Is the Difference Between a Contested & Uncontested Divorce? And do I need a lawyer for an uncontested divorce?

Tyler: Uncontested generally is when two parties have agreed that if they have children that they know who’s going to be the conservator, how they’re going to split conservatorship, and how they’re going to have possession and access. Who’s going to pay child support and who’s going to be paid, then who’s going to provide any of the medical support. the health insurance, and then the property.

It also will determine who’s going to get what as far as property community or separate. Who’s going to pay what bills, there’s even spousal maintenance that’s involved or contractual alimony that’s involved or possibly a sale of real estate.

There are all sorts of things that go into whether or not a case is contested or uncontested.

If everybody agrees, and all of the issues are agreed 100% that is an uncontested divorce. Generally, that can be done with an agreement that everybody can sign a final decree and go have it approved in court and finalized.

A contested issue is when the parties aren’t able to agree with each other on one or multiple issues. It’s generally multiple issues they’re unable to agree upon.

Those issues are put forth in front of the court on a temporary basis to start out. Then as the case moves along, into possibly discovery issues and then into mediation because the courts and most of the court’s order mediation, see if you’re able to settle.

If you can’t settle, then you’re going to go to the final trial. That’s a contested matter.

Why do I need a lawyer for an uncontested divorce?

Because the divorce decree that is signed by the judge is the most important document that you’ll ever have signed.

The reason why is, even if it is an agreed or some people call uncontested divorce, you have to make sure that you’re obtaining the property that you need to obtain and that it’s either being designated to you as community property or separate property.

Then any of the debts that you may be awarded or that the other party may have been awarded to pay, you need to make sure that those are done properly as well.

The final decree is not just something that’s a four or five-page document, although I’ve seen several of them that way, it ends up that if you do it the wrong way you do it the long way.

And the long way is that you’re back in court dealing with an order that’s either not enforceable or did not state what it needed to state.

So the documents are extensive, they are long-winded, but they’re done that way for a reason and need to order properly, that you get the possessions that you’re supposed to have.

Especially with your children, if you have children involved. This is a document that’s going to state where your children are going to reside and who’s going to provide for them and who’s going to make decisions for the rest of their lives, or at least till they’re 18 years old or emancipated.

That right there makes it extremely important to make sure that you have an attorney on your side that’s going to draft it properly, or review it and make sure that it’s done properly and it gets entered.

Having an attorney for an uncontested or contested matter, to me are of the same importance. It just depends upon the longevity of the case is whether or not it’s contested or uncontested.

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