A divorce is contested if there are any outstanding issues as to the reason for the divorce or what should happen to assets, child support or child custody during or after the divorce.
To get a Divorce, you need a reason or grounds:
A divorce is not an uncontested divorce unless the parties are in total agreement as to:
- Grounds: The parties must agree on the reason for the divorce (irretrievable breakdown, abandonment, etc). If your spouse does not want to get a divorce, then the grounds for divorce are being contested.
- Property: The parties must agree on how marital property (including bank accounts, real estate & businesses) will be split. The must be in agreement as to how retirement assets and other such property should be dealt with.
- Maintenance/Alimony: The parties must agree whether there will be maintenance or alimony and if so, the amounts and length of time such is to be paid.
- Child Support: If there are children, the amount to be paid in child support must not in dispute.
- Child Custody: There should be an agreement as to whether there is joint custody and/or a certain party is the custodial parent. A visitation and parenting plan should be created and agreed upon.
If the parties disagree about anything, then they have a contested divorce
judgment of divorce =
agreement/judgment as to grounds + agreement/judgment as to assets + agreement/judgment as to all other issues including child support & child custody