Lieutenant Robinson, U.S. Navy Flight Instructor, 1993

All Rights Reserved. Copyright 1999 by Ronald Robinson.

Uncontested Matters

If you truly have an uncontested matter, then it should mean one or more of the following:

A) Low attorney fees (probably a fixed instead of hourly fee)

B) Reduced or no time in court

C) Lower emotional turmoil between the parties

In the field of family law, there are various understandings of what constitutes an "uncontested matter".  Whether it's a divorce, an issue associated with divorce (custody, support, property, debts), or the modification of a previous court order, if a matter is truly "uncontested" then it basically means the parties agree on all necessary terms and do not need to proceed to a contested hearing or trial in court.

For instance, normally an "uncontested divorce" is one in which neither party opposes the divorce and both parties agree (in writing) on all settlement terms before anything is filed in court (petitions, complaints, motions, suits).  In a typical divorce, this means you've agreed on the actual specifics of custody, visitation, asset division, debt division, spousal support, child support, health insurance, etc.

This does not mean that your matter will be free of arguments or disagreements.  It does mean that the parties are able to reach an agreement without going to court and submitting their personal and family matters to the government (judges) for a decision.

Uncontested does not mean "we've agreed on everything except ___________".  Uncontested does not mean "we're already in court, but I think we're ready to settle".  Uncontested does not mean "I think my spouse will agree to these things."  If you fit into one of those categories, then you need to start your process with a phone or office consultation first.

In a nutshell, here is the basic process in handling most uncontested matters:

1. You -- Complete an uncontested family law questionnaire (describe in detail the terms you've agreed upon)

2. You -- Sign a legal services agreement and make a reduced deposit or fixed fee payment

3. Mr. Robinson -- Drafts your settlement agreement and/or court order

4. Both Parties -- Sign and notarize the settlement agreement and/or court order

5. Additional steps as necessary depending on the type of case (divorce filing, etc)