Legal Definitions - contested divorce

A contested divorce occurs when a married couple cannot agree on one or more significant issues related to ending their marriage, requiring a court to intervene and make decisions for them. Instead of reaching a mutual settlement, the spouses present their disagreements to a judge, who then issues orders regarding matters such as the division of property and debts, spousal support (alimony), and child custody and support.

• Example 1 (Property Division): Sarah and Mark are divorcing after 15 years. They agree on child custody but are in a fierce dispute over how to divide their marital home and investment accounts. Sarah believes she is entitled to a larger share because she put more money into the down payment, while Mark argues for an equal split, citing his contributions to the household over the years. Because they cannot reach an agreement, their lawyers will present their arguments to a judge, who will ultimately decide how their assets are divided.

  This is a contested divorce because Sarah and Mark cannot agree on the division of marital assets, requiring a court to resolve the dispute.

• Example 2 (Child Custody): David and Emily are separating and both want primary physical custody of their two young children. David believes the children should live with him because his work schedule is more flexible, while Emily argues that her established routine and proximity to the children's school make her the better primary parent. Despite mediation attempts, they remain at an impasse. The court will need to hear evidence from both parents and make a ruling on the custody arrangement that is in the children's best interest.

  This illustrates a contested divorce because David and Emily are unable to agree on a crucial aspect of their divorce – child custody – necessitating judicial intervention.

• Example 3 (Spousal Support): After a long-term marriage, Robert filed for divorce from Lisa. While they have largely agreed on the division of their property, Lisa is seeking substantial spousal support for an extended period, arguing she sacrificed her career to raise their family. Robert, however, believes Lisa is capable of becoming self-sufficient much sooner and is offering a smaller amount for a shorter duration. Their disagreement over the amount and duration of spousal support means they will proceed with a contested divorce, with a judge deciding the final terms.

  This is a contested divorce because Robert and Lisa cannot come to an agreement regarding spousal support, leaving the decision to the court.