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?”

“Are divorces going down in these hard times?”  The question came from a woman at one of the holiday parties upon learning I was a divorce lawyer.

I allowed as how many couples are opting to ride out a bad marriage because they can’t sell the house, or they can’t afford the lawyer fees, or their income won’t cover two households.

“But others,” I said, “find that now is just the right time to get rid of an unwanted spouse.”

“What others?” she inquired of me.

“Why wealthy husbands, for one, with businesses, stock, options and pensions down about 50%, may find this a good time to buy out their spouse for cash at these lower prices, expecting an eventual recovery.”

“And trophy wives, in the face of layoffs and rumors of layoffs, may decide the right time to leave is while their husbands are still employed.”

“I never thought of that,” she nodded, and wandered off to get some more punch.