Frequently Asked Questions / What is an Contested vs. Uncontested Divorce?

Craig’s Answer:

A divorce in California is also sometimes called a Dissolution of Marriage, and can be filed either as contested or uncontested. A contested divorce simply means both parties are not in agreement and are contesting some of the major issues of the dissolution. These issues usually involve property or debt division, child support or custody, or the divorce request in general.  Intricate or complex legal issues and highly involved financial stakes usually lead to couples inability to reach an agreement in order to file for an uncontested divorce. An uncontested, or agreed upon divorce can often be settled between parties cordially, however this is not always the case and parties must file for a contested divorce. In California, a divorce can still be finalized despite whether one party agrees to it or not. In these instances parties should be individually represented in a contested divorce. In cases of contested divorces parties will most likely go to mediation or trial. It is important for both parties to be individually and properly represented to ensure both of the party’s rights are adequately taken into account and spoken for.  A California Family Law Attorney who is experienced with the sometimes complicated proceedings and knowledgeable on the intricacies of the family law statutes can help you achieve the best possible outcome for you.

Posted in: Divorce, Family Law