CONTESTED DIVORCE

a divorce where at least one issue has not been settled before court. The court must decide the issue or issues.

In contested divorces, the parties are adversarial, they cannot agree on the terms of divorce, such as alimony, custody, visitation, child support, and division of assets. In uncontested divorces, the parties agree to all matters, and present an executed separation agreement to the court for approval.Whether a divorce is contested or uncontested should not be confused with whether the divorce is fault or no-fault. The following illustrates the difference:

•Contested
•Fault - grounds and property and/or support are in dispute; trial necessary if not settled •No-Fault - property and/or support in dispute; if no agreement is reached, the case goes to trial

•Uncontested
•Fault - unusual since uncontested divorces avoid conflict; insistiing on fault destroys the cooperative nature of uncontested matters •No-Fault - signed agreement presented to the court for its approval

In contested divorces, the parties are adversarial, they cannot agree to a separation agreement. In uncontested divorces, the parties agree to all matters, and present an executed separation agreement to the court for approval.