Uncontested Divorce vs. Contested Divorce

It is more likely for your divorce to be uncontested when you know your rights.

It is more likely for your divorce to be uncontested when you know your rights.

When a prospective client calls to discuss a divorce, one of the first questions I ask is whether the case is contested or uncontested.  This is especially true when people want to know how much I charge for divorce.  Uncontested divorces are much cheaper because there are no issues to be decided by a judge or mediator.  Most people hope their divorce will be uncontested, but in reality there are very few truly uncontested divorces.

The Uncontested Divorce. An uncontested divorce is one in which both spouses want the divorce.  They have discussed the issues: how the property and debts will be divided, whether maintenance will be paid and how much, where the children will live, how much child support will be paid, how much parenting time the non-custodial parent will have with the children.  Whatever the issues the soon-to-be ex-spouses face, they have discussed them and have reached an agreement.  It is very helpful for the agreement to be in writing, to prevent miscommunication and misunderstanding.  Uncontested divorces are rare because if the spouses could communicate and reach consensus, the chances are they wouldn’t be getting a divorce.

The Contested Divorce. By contrast, a contested divorce is one in which there is not an agreement on every issue in the divorce.  There are varying degrees of contested divorce.  Couples may be able to agree who will get the house, but they can’t agree where the children will reside.  Sometimes the opposite is true.  In some cases, the parties cannot agree to anything.

Assume the Case is Contested Until It is Not.  Unless I know the spouses have an agreement, it is safest for me to assume that the case will be contested.  I will take measures to safeguard my clients rights and property until an agreement is assured.  I will prepare to present my clients case in court.  By preparing for trial, you actually make it more likely that you can reach an agreement in court.  When you fail to prepare for trial, you weaken you bargaining position and risk an unfavorable result.

Know Your Rights. When discussing the subject of divorce with your spouse, it is important to know your legal rights.  You need to know what you are entitled to so that you can make a fair bargain.  Take advantage of my free thirty-minute consultations for divorce; learn what your rights are; learn what to expect of the process.  Then you can negotiate with your spouse with confidence and you will be more likely to reach an agreement that is in your best interest.  Call me today.

Welcome to my blog!

Kirk Garner has offices in Colorado Springs and Woodland Park.

Kirk Garner has offices in Colorado Springs and Woodland Park.

My name is Kirk Garner.  I am a lawyer with fifteen years experience in a wide variety of family law matters, from divorce to child custody, child support to visitation, grandparents’ rights to adoption.  I practice law in Colorado Springs, Colorado.

I am writing this blog to provide general information to people who are considering or are already engaged in family law litigation in the State of Colorado.  I will address various topics related to family law cases; however, not everything will be directly related to litigation.  I will provide information to help parents guide their children through the difficult and painful process of separation, divorce, and visitation.

You should be aware that the advice and information provided in this blog does not create an attorney-client relationship.  Your comments are not covered by the attorney-client privilege.  If you are  seeking specific information about the law and facts of your particular case, you should contact an attorney in your area.

If you have a topic that you would like me to discuss, please let me know.  If you need further information, contact my office to set up a consultation.  I look forward to meeting you and assisting you and your family with all of your family law needs.