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?”

James Hresko asked the court to reopen his uncontested divorce for fraud because he said his ex-wife misrepresented her assets in negotiating a settlement agreement.  But the Maryland courts will only reopen a case if the fraud is extrinsic, not intrinsic.

What is extrinsic fraud?  Black’s Law Dictionary says it is the type of fraud which is collateral to the issues tried in the case.  The court says it is fraud which actually prevents a trial. Examples of extrinsic fraud would be:

• An opponent keeps a party away from court.
• A false promise of compromise.
• A party did not have knowledge of the suit.
• An attorney pretends to represent someone they do not.
• An attorney corruptly sells out his client.

James said his ex prevented him from trying the case by keeping him away from the court with a false promise of compromise.  To be continued.

WRXL-FM Radio in Richmond, Virginia is holding a contest called “Marriage Bailout 09″ with a prize of a free divorce.  The station has made arrangements with a local law firm for a free, no-fault, uncontested divorce.

To enter, email crash@1021thex.com and tell him “why your soulmate ain’t got no soul.”

The lucky (or perhaps unlucky) winner will be announced on Friday the 13th of February.