Contested Divorce

If a couple cannot come to agreements on the terms of divorce, such as property division, custody matters or support , it is considered a contested or adversarial divorce, and can include a high level of conflict between the two parties.

Before a divorce may be granted, the typical issues that must be resolved are alimony or spousal support, property division and, if there are children, custody, visitation, and child support.

A divorcing couple who agrees in writing on all of those issues will likely be granted an uncontested divorce and avoid adversarial divorce litigation. Conversely, if there is disagreement on any of the basic issues, a contested divorce exists.

When a divorce is contested, the couple may proceed through all phases of litigation including trial before a family court judge. The couple may also voluntarily seek alternative dispute resolution methods like mediation or collaborative divorce or they may be ordered by the court to do so.

It is important to consult with an attorney before deciding which method is right for your situation.