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Divorce/Separation - Contested vs Uncontested
Contested DivorceA substantial number of divorces are contested, which simply means that the parties cannot agree upon all of the issues. These disputed issues must be decided by a judge after a permanent orders hearing. The permanent orders hearing is essentially a short trial, and may include opening and/or closing statements by attorneys, sworn testimony from witnesses including expert witnesses, cross examinations, introduction of exhibits and, where appropriate, legal objections to proposed testimony, exhibits or other evidence.
Uncontested Divorce
A divorce case is uncontested if the parties can agree on all major issues. Settling all of some of the common divorce issues may result in a quicker, less expensive and easier divorce. The court is likely to enforce the parties' agreements as long as the terms are not unconscionable and appear to be in the best interests of the child(ren). Settlement can be accomplished informally or through mediation, which can be entered into voluntarily or which may be court ordered.
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