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Contested Divorces

There are many issues to be considered in a divorce to include child custody, child and spousal support, and property division. As stated in our Uncontested Divorce section, attempting to enter into a separation agreement with your spouse and settle the divorce and surrounding issues outside of court is always the best place to start. Unfortunately not all divorces can be settled and litigation and a final determination by the court becomes necessary. If you find yourself in this situation now or think you might in the future then there are probably some questions that you have as follows:

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Uncontested Divorce

An uncontested divorce is filed on the no-fault grounds of separation instead of a fault ground such as adultery, cruelty or desertion. An uncontested divorce is hugely desirable for many couples that wish to separate and divorce under the best possible circumstances for themselves and their families. An uncontested divorce protects couples from a lengthy and emotionally draining courtroom battle and provides a timely end to a troublesome and difficult situation.

The grounds for filing an uncontested divorce are

(1) a one-year voluntary and mutual separation "without interruption and cohabitation and there is no reasonable expectation of reconciliation," or
(2) a two-year separation "without cohabitation or sexual relations." In addition you will need to have entered into a separation agreement settling all the matters surrounding the dissolution of your marriage prior to filing the uncontested divorce.

Uncontested Divorces

An uncontested divorce is filed on the grounds of separation vs. a contested fault based divorce where one party files on a ground such as adultery, cruelty or desertion. The ability to file an uncontested divorce is hugely desirable for many couples that wish to separate and divorce under the best possible circumstances for themselves and their families. An uncontested divorce protects couples from ever having to see the inside of the courtroom and provides a timely end to a troublesome and difficult situation.