Contested Divorce
A divorce where the spouses cannot agree on one or more key issues — such as custody, property division, or support — and a judge must decide.
Understanding Contested Divorce
A contested divorce does not necessarily mean a courtroom battle; most contested cases eventually settle through negotiation or mediation. However, when settlement fails, the case goes to trial where a judge makes final decisions on all disputed issues. Contested divorces are significantly more expensive (often $15,000-$100,000+), take longer (12-24+ months), and are emotionally draining compared to uncontested divorces. They typically involve formal discovery, expert witnesses, depositions, and multiple court appearances.
Real-World Examples
The couple cannot agree on custody or the value of the husband's business, resulting in a contested divorce that goes to a three-day trial.
Related Terms
The formal legal process of exchanging information and documents between parties in a divorce. It includes interrogatories, requests for production, depositions, and subpoenas.
DepositionA formal out-of-court testimony given under oath and recorded by a court reporter. Depositions are a key part of discovery in contested divorces.
Collaborative DivorceA voluntary dispute resolution process where both spouses and their attorneys agree to negotiate a settlement without going to court. If negotiations fail, both attorneys must withdraw.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.