Douglass & Runger - October 2020

Uncontested vs. Contested Divorce DO YOU REALLY KNOWWHERE YOUR DIVORCE IS HEADED? At Douglass & Runger, our goal is to always offer the truth. We don’t like to waste time. Our job is to guide clients to the best possible outcome for their situation, and regardless of the case type, we always strive for that result. This goal is also true when it comes to divorce, and we often have to guide our clients past their assumptions. At our firm, it isn’t uncommon for us to receive a phone call from one spouse claiming to need help with an uncontested divorce. As we learn more about the case, we often discover that if the couple continues down this path, their divorce could actually become contested.

Classic Pumpkin Soup

So, what does this all mean? The definitions of a contested and uncontested divorce are actually fairly simple — it’s people that make them complex.

Pumpkins aren’t just for pie — they make delicious soup, too! This fall, try your hand at this healthy soup recipe and warm up with a bowl.

At the most basic level, an uncontested divorce prevents a trial, but for purposes of the process and the cost, an uncontested divorce means that the couple has agreed to and signed a Marital Dissolution Agreement without the necessity of serving a divorce complaint on their spouse. The Marital Dissolution Agreement contains provisions that address the equitable division of the couple’s assets and debts and specifies how these assets and debts are split without any objection. For parties with minor children, an uncontested divorce also means that a Permanent Parenting Plan has been signed by each party prior to filing a divorce complaint. The Permanent Parenting Plan addresses issues related to the minor children. It specifies which parent is the custodial parent, delineates a visitation schedule for the non-custodial parent, and establishes child support. Simply put, a truly uncontested divorce requires the parties to complete these two documents at the outset of the process and without serving a divorce complaint on their spouse. Uncontested divorces provide couples a simple and effective way to divorce relatively inexpensively and with little trouble. However, if there is pushback on any of the terms of the Marital Dissolution Agreement or Permanent Parenting Plan requiring a divorce complaint to be served on the opposing party, that’s when the waters get a little muddy. Under this scenario, the divorce becomes contested. This process involves filing a complaint, serving the other party, and filing various motions before a judge for resolution. More often than not, the parties will engage in litigation and ultimately settle their divorce without having a full-blown trial; however, the divorce litigation process can drag out for months and become expensive fairly quickly, depending on the issues. If your divorce must go to court, an attorney can help you fight for what you believe is right. As stated above, many divorces settle without the necessity of a full-blown trial. Along those lines, mediation is a powerful tool that many attorneys use to offer third-party input on the disputed matters of the divorce while avoiding costly, time-consuming visits to court. In the end, many divorces are resolved without a trial, even if the divorce begins with disputes and some litigation is required to obtain the client’s desired result. Regardless of the specifics of your divorce, our team will help you fight for the justice you deserve. If we can help you with your divorce, or if you need help with any other legal matters, please call us today at 901-388-5805.

INGREDIENTS

• 1 tbsp olive oil • 2 shallots, diced • 3 cloves garlic, minced • 2 1/4 cups pumpkin purée (homemade or canned) • 2 cups vegetable broth • 1 cup canned light coconut milk • 2 tbsp honey

• 1/4 tsp sea salt • 1/4 tsp pepper • 1/4 tsp cinnamon • 1/4 tsp nutmeg

DIRECTIONS

1. In a large saucepan over medium heat, sauté olive oil, shallots, and garlic for 2–3 minutes. 2. Add the remaining ingredients and bring to a simmer. 3. Transfer the soup to a blender and purée. Pour the blended soup back into the pan. 4. Cook over medium-low heat for 5–10 minutes. Taste and add additional seasoning as desired, then serve! Inspired by MinimalistBaker.com

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