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 divorce 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.
Your Divorce Lawyer Can Help with Either Contested or Uncontested Divorce
Sometimes a client will tell us as their divorce lawyer or family lawyer that 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?”