Almost every divorce caller hopes their case will be simple. Plenty of them say "it's uncontested" in the first minute. Some are right. Others mean "we haven't fought about it yet."
That difference shapes everything that follows: which attorney takes the consult, how long it runs, how the firm prices the work, and whether the case is a fit at all. Good intake sorts it out early, without making the caller feel judged and without giving advice. Here's how.
What the terms mean at intake
Exact definitions and procedures vary by state, so keep this general and let your attorneys set the details.
- Uncontested usually means the spouses agree on all the major issues. Property, debts, support and, if there are children, custody and parenting time.
- Contested usually means they disagree on at least one of those, or one spouse won't take part.
The trap is that "we agree" can mean a signed written agreement or a hopeful guess. Intake's job is to find out which.
Why it matters to your firm
Getting this right early helps in a few concrete ways.
- Routing. Some firms send uncontested matters to a junior attorney or a paralegal-supported flat-fee track, and contested ones to a senior attorney.
- Consult length. A contested case with kids and a business needs more time than a short agreed divorce.
- Pricing. Many firms price uncontested work differently from contested work. Your intake team should know which fee conversation to set up.
- Fit. Some firms only take one kind. Better to know before the consult than during it.
The screening questions
These questions get at the real picture without asking the caller to label their own case. Ask them in a natural flow, not as a quiz.
Agreement
- "Have you and your spouse talked about ending the marriage?"
- "Does your spouse want the divorce too?"
- "Have the two of you agreed on how to split things up? Is any of that in writing?"
Children
- "Do you have children together under 18?"
- "Have you agreed on where the kids will live and how time will be shared?"
- "Have you talked about child support?"
Property and money
- "Do you own a home, a business or retirement accounts?"
- "Is there significant debt, and have you agreed who takes it?"
- "Has either of you talked about spousal support?"
Communication
- "Are you and your spouse able to talk about this calmly?"
- "Does your spouse have a lawyer?"
- "Do you know where your spouse lives right now?"
Status
- "Has anything been filed yet? Have you been served?"
- "Are there any court dates coming up?"
Reading the answers
No single answer decides it, and intake doesn't make the final call. But patterns show up fast.
| Leans uncontested | Leans contested | |---|---| | Both spouses want the divorce | One spouse doesn't want it, or hasn't been told | | Written or detailed agreement on the issues | "We'll figure it out" or "they'll be reasonable" | | No kids, or a parenting plan they both accept | Disagreement about where the kids live | | Simple finances, no business | A business, a house, retirement accounts or big debts in dispute | | Spouse has no lawyer and is cooperative | Spouse has hired a lawyer, or can't be located | | No papers served, no hearings | Papers served, hearing dates, or protective orders |
Note: a protective order or any sign of domestic violence changes the conversation entirely. Switch to your safe intake protocol and flag it for the attorney.
Probe gently when the caller says "uncontested"
Don't argue with the label. Just ask the follow-ups.
"That's great that you're on the same page. Just so the attorney's ready, have you two talked through the house and the retirement accounts yet?"
"And with the kids, have you agreed on a schedule, or is that still open?"
If the answers get vague, note it plainly. "Caller says uncontested. No agreement yet on house or parenting time." That one line saves your attorney from a consult that starts on the wrong foot.
What not to say
Intake staff should never tell a caller what kind of case they have or what it'll cost to resolve.
Avoid:
- "Oh, that sounds easy."
- "That'll definitely be contested."
- "Uncontested ones only take a few weeks."
Instead:
"Thanks, that helps. The attorney will talk through how your case is likely to go and what the options are."
And if the caller pushes for a price:
"The attorney will go over fees with you at the consult once they understand what's involved."
If your firm has a published flat fee for agreed divorces, your intake team can mention it, but only with the caveat that the attorney confirms the case qualifies.
Route and book
Once you have a read, route the lead using your firm's rules.
- Likely uncontested. Book the standard consult. Ask the caller to bring any written agreement and a list of assets and debts.
- Likely contested. Book a longer consult with the right attorney. Ask for any papers they've been served with and recent financial records.
- Unclear. Book the standard consult and flag it so the attorney knows to dig in.
- Urgent. Hearing dates, served papers or safety concerns. Follow your escalation rules.
For the full question set, pair this with our divorce consultation intake script. If you want a broader framework that works across practice areas, see how do I qualify leads for my law firm?
Track it
Once your team is sorting leads this way, record the read in your CRM. Over a few months you'll learn useful things. How often "uncontested" callers turn out to be contested. Which track converts better. Whether your consult lengths match reality. That's the kind of feedback that makes intake sharper without anyone working harder.
Where IntakeGenius fits
Our AI voice agent asks these screening questions on every divorce call, qualifies the lead and books the consult following the rules you set. The answers land in IntakeCRM, so your team sees the agreement picture before the consult. We configure the questions and routing with you during setup, at no setup fee.
Curious how it would sort your divorce leads? Let's do a 15-minute demo. No slides.