Divorce Terminology: Contested & Uncontested Divorce

During the initial phases of divorce, the terms “contested” and “uncontested” will bear important meaning. The difference between the two means the difference between how the rest of the divorce will proceed.

An uncontested divorce doesn’t necessarily mean an amicable divorce, but it does mean you face much less of a fight in and out of court. When a divorce is uncontested, this means there is no dispute or opposition to the divorce and its terms.

Conversely, a contested divorce will take more time in court. If your spouse contests the divorce, there is opposition to the divorce.

Some spouses contest a divorce because they are fighting for power or control; some spouses contest a divorce because they are hurt and do not want to move on from the marriage. Oftentimes, there is a mix of control, anger, and hurt involved in a contested divorce. These issues will come out as they challenge things like the division of assets or child custody.

Additionally, these feelings and how they affect the terms of a divorce will need to be decided in court by the judge—that doesn’t mean the feelings and how they manifest will disappear after the judge’s decision; however, the protection of the divorce decree helps navigate any interaction between former spouses after the divorce is final.

Navigating either kind of divorce, either contested or uncontested, still takes knowledge and understanding of the law. Our attorneys at Hickey & Hull have proven their abilities in court, but they have also proven to be understanding advocates of their clients. Call our offices to speak to an attorney about your divorce questions. Remember, it’s about to get better, and we're here to help.