The difference between contested and uncontested divorces is fairly straight forward but the differences may be more complex than most are aware. Simply put, an uncontested divorce is one where all the issues are agreed upon and the matter is resolved through a settlement. A contested divorce is a case where at least one issue is not agreed upon and the parties must begin preparing for trial.
At what point does a divorce become contested? It is in the eye of the beholder for the most part but in the Lee’s Summit or Jackson County area there is an official designation of contested divorce within the Court’s docketing system for certain cases. However, a divorce may be contested even before the Court designates it contested. Similarly, a divorce may become uncontested even after a Court has determined it is contested. Usually a case becomes officially contested within the Court’s docketing system upon notice that the matter is contested filed by one party’s attorney. This triggers a different set of rules and hearings than an uncontested matter.
Uncontested cases are generally set for a disposition hearing which is usually a settlement put on the record or a default hearing. The concept is that the case will be finalized for the most part after the settlement or default hearing.
Contested cases on the other hand are set for a case management conference which is a hearing where the Judge sets dates to progress the case forward and check the status of the matter. The judge will also appoint a mediator, guardian ad litem, or counselor as necessary. The dates commonly set include a pre trial date, trial date, discovery deadline date, mediation deadline date, and other procedural deadline dates.
Contested matters are almost always more expensive as it triggers several more hearings, paperwork, and preparation than an uncontested matter. If you are looking to file or are currently engaged in a contested or uncontested divorce then please contact my law office and speak with an experienced Lee’s Summit Divorce Attorney today.