What is a Contested Divorce?


Getting a divorce can be mentally and emotionally taxing. Contested divorces create an entire new array of emotions.

A divorce is the legal termination of a marriage. With amicable spouses, most terms of the divorce may be agreed upon through negotiation, mediation, and the help of their attorneys.

A contested divorce, however, is one where the divorcing spouses cannot decide on one or more legal issues and need the Court’s guidance to make a decision on the matter(s).

Contested divorce issues could include any one or more of the following:

  1. Child Custody
  2. Child Support
  3. Equitable Distribution
  4. Postseparation Support and Alimony

Many times, judges encourage parties to negotiate and attempt to settle before they will decide on a case. The reality is, the judge has not lived through your situation, but they must now undertake the responsibility of deciding these personal issues for you.

The judge generally orders the parties to attend mediation, which is when a third party attempts to facilitate a settlement between the parties. The mediator will help the parties try to come to an agreement on their own.

While negotiating with your former spouse may result in the most favorable outcome, sometimes the issues that parties face cannot be resolved amicably. When this situation arises, it is imperative to have an experienced and dedicated divorce attorney by your side.

If you need legal advice or representation for a contested divorce, please reach out to one of our skilled divorce attorneys at Jetton & Meredith.