Rochester Divorce Attorney Explains the Differences Between a Contested and an Uncontested Divorce
As a Rochester Divorce Attorney, the most commonly asked question is, “What is the difference between an uncontested and a contested divorce?”- Most clients say theirs will be amicable and uncontested – but the terms are considerably different.
- Your divorce is uncontested when you serve your spouse and he or she just lets the divorce go ahead. They don’t hire a lawyer, submit an answer, or come to court.
- In a contested divorce, your spouse hires a lawyer who submits an answer. Then, both sides – represented by lawyers – negotiate the important issues, including the children, money, and property.
- The essential difference is that in a truly uncontested divorce, the served party does nothing, while in a contested divorce, the other party responds and participates in negotiations.