A divorce can be contested or uncontested. When some people hear the term “contested divorce,” they believe that it’s the end of the marriage that is at the heart of the disagreement. Perhaps one person wants to get divorced and the other does not, and so the court is deciding if they should allow the divorce to proceed.
But with modern divorce laws, this isn’t how it works. It’s not whether or not the divorce occurs that is contested, but the terms of that divorce. The couple is going to end their marriage, and they simply don’t agree on exactly how all of the details should be worked out.
Common areas of conflict
For example, parents may disagree on how they should divide custody of their children. Even if they both believe that the divorce is the right move, they still need the court to issue a child custody order.
There could also be issues with how much should be paid in support. Perhaps one partner wants alimony or spousal support after the divorce, but the other doesn’t want to pay it. Perhaps they disagree on how much should be paid for child support.
Finally, conflict often happens over property division. The couple may disagree over how marital assets should be split up or which assets even count as marital assets—as opposed to separate assets. If they can’t come to an agreement, the court needs to help them go through property division.
A contested divorce can take longer, and there is a higher chance of conflict. That’s why it’s so important for couples to understand their legal options.