Divorce cases are either contested or uncontested.  If the Answer to the Complaint denies one or more of the statements contained in the Complaint, then you have a contested case.

A case is uncontested if you have a comprehensive Separation Agreement, in writing that is signed by both parties.  In other words, to have an uncontested case, you and your spouse must be in agreement on grounds, custody, child support, alimony and property distribution and every other issue in your divorce.

Sometimes a client will tell us they have an uncontested case, but when we ask they have no Separation Agreement.  They may tell us the have everything worked out, but once we get into the details of visitation, debt division, valuing pensions and the like we find that they are not in agreement.  Following a lot of negotiation, we finally come to terms and sign the negotiated agreement.  Then we can file a Complaint for an uncontested divorce.

Divorce Law Indiana has a good post on this topic called “Uncontested Divorces — Do They Exist?”

You have to have oral testimony by the plaintiff, in person, and in the courtroom, to obtain a divorce.  Family Law Section 1-203 and Rule 9-209.

That testimony has to be corroborated by someone or something other than the parties to the divorce.  Family Law Section 7-101(b).   A marriage certificate can corroborate the marriage.  A notarized written agreement signed before the complaint was filed can corroborate a mutual and voluntary separation.  Family Law Section 1-104.

But most of your testimony is corroborated by a witness.  That testimony also has to be oral and in court “unless otherwise ordered by the court for good cause”.  Rule 9-209.

What is good cause?  The court has allowed me to use telephone testimony in a handful of cases where the corroborating witness was a geographically distant relative or a busy mental health professional.  In one uncontested divorce, I was permitted to corroborate adultery with the deposition transcript of the paramour, but the judge let me know he would have preferred live testimony.  If you are going to try to corroborate without a witness in the courtroom, call the judge’s clerk or secretary before the trial to make sure it will be permitted.

Related Articles:  Corroboration, You Have to Testify to Get Divorced

The first image broadcast by network television was a picture of Felix the Cat.  I remember watching Felix on tv when I was a kid.  He had a Magic Bag of Tricks and whenever he got stumped by a problem, he would reach into his bag and pull out some tool or device that would help him solve the problem.

I wish I had a Magic Bag of Tricks in real life.  A lawyer can do a lot of things, but sometimes the tools in my toolbox are limited.  Clients look to their lawyers to solve all sorts of problems.  But first you have to have a problem that the law recognizes as a problem.  For example, I wrote recently that not every marital agreement is recognized by law as an enforceable contract.

The law does not provide a remedy for every wrong.  There is no legal tool that will turn your difficult spouse into a nicer, more reasonable and responsible person.   I can get alimony and child support and property, but I probably cannot recover damages for the hurt you felt during your marriage.  The court can give you a visitation schedule, but it can’t make your child want to visit with you.  I can’t make your spouse settle on your terms and I can’t make opposing counsel return my calls if they don’t want to.

As a mediator said to one of my clients, “I only have a pen, not a magic wand.”

Many clients ask about getting an online divorce.  I have seen a couple of on line agreements that weren’t filled out properly by the clients.  And I have seen one for Washington, DC, where the on line form terminated child support at age 18.  DC law provides for child support until age 21.

Now comes news of the State Attorney General’s Office for Washington State closing down Online Divorce, a Delaware Company.  According to Hector Castro at SeattlePI.Com, the company charged $249 for a divorce and claimed that its staff included “divorce specialists.”

But after complaints from customers that they couldn’t get services or refunds, the state began investigating and found that the company was providing paralegal services without attorney oversight, a violation of state law.  The company ceased doing business in Washington state and at last report is looking for an attorney.