What does contested vs. uncontested divorce mean?
In a small number of cases –no more than 5%-the parties negotiate a settlement before any action is begun in the courts. It is only after a settlement is resolved that either one files a suit for divorce. Because all issues of support, property distribution and custody have already been resolved, the only relief sought by suit for divorce is the dissolution of the marriage. The couple is not asked to award custody, alimony, child support or property to either party because the parties have already reached agreements on these matters This is the simple, uncontested divorce. For the other 95% of divorces the process is not so simple. It begins as a contested matter as one spouse sues the other for divorce. The other spouse may also file a counterclaim asserting his/her own claim for divorce. In such contested actions the court is asked to resolve the child related and economic issues. Here the future of the couple is determined by the decisions of the court rather than the decisions of t
