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Divorce Overview

What is the Difference between Contested and Uncontested Divorce?
There are two kinds of divorces — uncontested and contested. These terms are used to differentiate between divorces where (a) both parties want the divorce and are able to come to an agreement about related issues or (b) parties are in disagreement about one or more aspects of the divorce.

What is an Uncontested Divorce?
An uncontested divorce is a divorce in which both spouses agree to both the divorce itself and all issues related to it — including child custody and alimony arrangements. Uncontested divorces are generally preferable to contested divorce, as they are far less expensive and take less time to complete. Uncontested divorces do not require a court hearing.

What is a Contested Divorce?
A contested divorce is a divorce in which the spouses cannot come to an agreement on one or more issues relating to the divorce, or in which one spouse does not want to go through with the divorce. Common issues in contested divorce situations are child support, alimony, and property division. If these issues cannot be resolved and remain contested, the divorce will proceed to court.

What if My Spouse Won't Sign the Papers?
It is not necessary for your spouse to sign your divorce papers. If he or she refuses to participate in the divorce at all, you can still obtain a valid divorce through a default judgment. However, if your spouse continues to be uncooperative, you should consult with a divorce attorney to decide on the best strategy is for your individual situation.

Do I Need a Lawyer to get a Divorce?
If you and your spouse are seeking a divorce, you may wish to consult with a family lawyer. Working with a family law attorney will help you better understand your options and can help protect your interests and rights.