There are two main categories of divorce cases: Some are contested divorces, while others are uncontested divorces.
A contested divorce does not mean there is any question about whether the divorce will be granted. People sometimes see this term and think it means the court may refuse to grant the divorce and require the couple to stay married. However, due to no-fault divorce laws, this is not something that typically happens today. Courts are less focused on whether a divorce should be allowed and more focused on facilitating the process, while resolving issues such as child custody rights or marital property division.
“Contested” refers to the terms, not the actual divorce
In a contested divorce, the couple disagrees on one or more key terms. For example, they may not agree on how child custody should be arranged, or they may be in conflict over how marital assets should be divided.
In an uncontested divorce, the couple is generally on the same page and may even maintain a relatively amicable relationship. Because there is little conflict, they can agree on how to divide assets and address other issues, allowing the divorce to proceed in a more streamlined manner.
In a contested divorce, however, litigation is often required. The court may need to determine how property should be divided or what qualifies as marital property. The court may also have to address both physical and legal child custody issues, deciding what arrangement is in the child’s best interests when the parents cannot agree.
All divorce cases can be complicated, but contested divorces are often more complex. It is crucial to understand your legal rights as you move through this process, and it can be helpful to work with an experienced law firm.