Mr. Haynes Explains: The Difference Between Contested and Uncontested Divorce

“We both want a divorce. It should be uncontested.”

That is a good starting point. But there is a little more to it.

Agreeing that the marriage is over is only one part of the conversation. You also have to agree on what happens to your property, your debts, and, if you have children, how you will parent them after the divorce.

Those details determine how much work your case requires—and what it will cost.

What Does “Uncontested” Actually Mean?

For my office to handle your divorce as an uncontested matter, both spouses must agree to the divorce, cooperate with the paperwork without requiring us to formally serve the other spouse with process, and agree on all issues that need to be resolved.

That includes:

• Property division: Who keeps the house, vehicles, bank accounts, retirement assets, and other property.
• Debt division: Who is responsible for the mortgage, vehicle loans, credit cards, and other debts.
• A parenting plan, if applicable: The parenting schedule, holidays, decision-making, child support, and other arrangements concerning your children.
• Alimony, if applicable: Whether either spouse will pay support to the other and, if so, how much and for how long.

The agreement also has to make it onto paper.

The document addressing the financial terms of your divorce is called a Marital Dissolution Agreement, usually shortened to MDA. If you have minor children, a permanent parenting plan will generally be needed as well.

Both parties must be willing to sign the necessary documents, including the MDA, any applicable parenting plan, and the agreed final divorce decree submitted to the judge.

“We will figure that out later” means there is still something left to resolve.

For example, you may both agree to sell the house. But have you agreed on when it will be listed, who will pay the mortgage until it sells, and how the proceeds will be divided?

Those are the kinds of details that matter.

What Does an Uncontested Divorce Cost?

An uncontested divorce at my office will typically cost $2,500, including court costs.

That pricing assumes the case meets the requirements for an uncontested divorce and stays that way.

It assumes cooperation, agreement on all issues, and signatures on the necessary paperwork. If we have to start litigating disputed issues or pursuing an uncooperative spouse, the scope of the work changes.

And so does the fee arrangement.

When Does My Office Treat the Case as Contested?

For purposes of my office’s representation and pricing, a divorce moves into contested handling when:

• Your spouse hires separate counsel to represent them in the divorce.
• Your spouse will not sign the MDA, applicable parenting plan, or agreed final divorce decree.
• Your spouse must be formally served and files an answer to the divorce complaint.
• The parties disagree about an issue that must be resolved before the divorce can be finalized.

Having two lawyers involved does not mean the case must go to trial. Spouses with separate attorneys can still reach an agreement.

But it does change how my office handles and prices the representation. The $2,500 uncontested arrangement is based on a cooperative process that does not require that additional work.

Can an Uncontested Divorce Become Contested?

Yes.

A spouse may initially agree to everything and then change their mind. They may decide they want a different parenting schedule, additional property, or alimony. Sometimes they simply stop responding when it is time to sign.

An uncontested case can become contested even if you have done everything you were supposed to do.

If that happens, you will need to pay the additional amount necessary to bring your case up to the required contested-divorce retainer.

Starting as an uncontested divorce does not lock the entire case into uncontested pricing regardless of what happens afterward.

What Does a Contested Divorce Cost?

Contested-divorce retainers are quoted after a consultation.

The amount depends on the circumstances of your case and the work we anticipate. A dispute involving substantial assets, contested parenting issues, or extensive financial records may require considerably more work than a case with fewer issues.

My office bills contested divorce work at $300 per hour.

The contested retainer is structured to get your case through mediation. Mediation is an opportunity to work toward a settlement with the assistance of a neutral mediator.

If your case does not settle and is set for trial, you could owe additional money to replenish your retainer to the required balance and cover trial preparation and representation.

Preparing exhibits, organizing financial records, interviewing witnesses, and presenting a case in court all take time. The initial retainer should not be understood as a flat fee covering unlimited litigation.

We Can Communicate With Your Spouse. We Cannot Represent Both of You.

This is another point I want to make clear from the beginning.

In an uncontested divorce, my office often communicates directly with the other spouse. We may send documents, coordinate signatures, and discuss the steps necessary to complete the agreed divorce.

That does not make us your spouse’s lawyer.

If you scheduled the consultation, hired my office, and paid the fee for us to handle your divorce, you are the client.

We cannot represent both parties in the same divorce. Our communications with your spouse do not create joint representation, and your spouse should not rely on us for advice about what is best for them.

Your spouse may obtain independent legal advice at any point.

If the divorce becomes contested, my office continues to represent you. Your spouse will need to hire separate counsel or be prepared to proceed pro se, which means representing themselves.

Start With a Clear Understanding

Before scheduling an uncontested divorce, have a practical conversation about the issues that need to be resolved.

Who gets what? Who pays what? What will the parenting schedule look like? Is anyone requesting alimony? Is your spouse actually willing to sign the paperwork?

Clear answers help us determine the right approach and explain what you should expect to pay.

To schedule a consultation with the Law Office of Garrett D. Haynes in Winchester, call (931) 404-4020.

Trusted Counsel. Proven Results.
Mr. Haynes Explains