What is the difference between a Contested and an Uncontested Divorce?

UNCONTESTED: Your divorce will be uncontested if both you and your spouse:

• Want to get a divorce

• Agree about what will happen with your children, your finances, your property after the divorce

If your divorce is uncontested and your spouse and spouse have reached an agreement on all financial and parenting issues, you may use the Court’s free Uncontested Divorce Forms Packet. You can also use the DIY (Do-It-Yourself) Uncontested Divorce Program if you are filing for an uncontested divorce. Your marriage has been over for at least six months, and there are no children under 21, and all marital property issues, including debt, have been settled.

If you have not reached an agreement and think you and your spouse could agree with some help, you might want to consider divorce mediation or collaborative family law.

CONTESTED: Your divorce will be contested if either you or your spouse:

• Do not want to get a divorce

• Disagree about the grounds (legal reasons) for the divorce

• Disagree about what will happen with your children, your finances, your property after the divorce

Because the judge will require detailed information to decide the issues you disagree about, your contested divorce will require you and your spouse to go to the Supreme Court numerous times. If your divorce is contested, you should seriously consider finding a lawyer to represent you.

For information on serving divorce papers contact Divorce Process Service call (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

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