What is Contested Divorce?

There are two kinds of divorce: contested and uncontested. Contested divorce is also called adversarial divorce because of the level of conflict usually involved. Spouses may try to work out the issues surrounding their divorce on their own and seek outside assistance if they find that they cannot negotiate. Since contested divorce is usually a long and expensive process, most potential divorcees opt for uncontested divorce. A divorce is contested if one of the spouses is opposed to the divorce; this usually means that the divorcees resolve the majority of their problems in court while they are represented by separate attorneys.

Generally, a couple will file for a contested divorce because they want the help of the court in finalizing important issues. These problems typically include disagreements with child custody, child support, spousal support, property distribution, and other similar matters. A divorce is contested if only one of the spouses is in favor of it. Contested divorces tend to be more costly and time-consuming than uncontested divorces.

About the Issue of Temporary Orders

Sometimes in a contested divorce, the court holds a contested hearing and decides on temporary orders, which remain until the cessation of the marriage. Temporary orders are important because they regulate common problems that arise during the period from the beginning of the divorce to its completion, which is after the final court hearing. A contested hearing may be important for cases in which children are involved. Other common issues include monetary and property concerns. As long as the temporary orders are valid, the court may call a meeting at the wish of either of the attorneys. This can happen if one party discovers new information about the other party or requests access to certain pertinent information.

Click here to find a local divorce attorney.