Contested divorces mean that one of several issues are required to be heard by a judge at trial level—this is more expensive, and the parties will have to pay for a lawyer's time and preparation. In such a divorce the spouses are not able to agree on issues for instance child custody and division of marital assets. In such situations, the litigation process takes longer to conclude.The judge controls the outcome of the case. Less adversarial approaches to divorce settlements have recently emerged, such as mediation and collaborative divorce settlement, which negotiate mutually acceptable resolution to conflicts. This principle in the United States is called 'Alternative Dispute Resolution' and has gained popularity.

Contested vs. Uncontested Divorce

With a contested divorce, spouses will have to go through numerous steps before the divorce is finalized. A divorce especially contested divorces are complex. Spouses in a contested divorce should definitely know their legal rights and ensure they are fully protected.

An uncontested divorce means that both spouses agree on all of their divorce-related issues. Each state has specific legal requirements that spouses must meet before they can proceed with an uncontested divorce. You may want to consult with a local attorney or check your local courthouse website for specific requirements.

Issues may arise in family law where there is a question as to the laws of the jurisdiction that apply to the marriage relationship or to custody and divorce, and whether a divorce or child custody order is recognized under the laws of another jurisdiction.