Contested Divorces
A divorce is “contested” when spouses disagree about one or more issues in their case.
Common issues in contested divorces include:
- The legal grounds for divorce (reasons stated in the complaint)
- Child custody
- Parenting time (visitation)
- Child support
- Alimony (spousal support)
- Equitable distribution (how property, money, and debts are divided)
- Other family or financial disputes
After both spouses — the plaintiff and defendant — file their paperwork, the court will schedule several types of events or conferences to help resolve issues, such as:
- Case Management Conferences
- Custody and Parenting Time Mediation
- Parent Education Workshops
- Matrimonial Early Settlement Panel (ESP) or Economic Mediation
- Discovery (the exchange of financial and other information)
Court staff may also ask for additional forms, such as:
- A Case Information Statement, which lists income, assets, debts, and expenses.
- A Custody/Parenting Time Plan, if children are involved.
Contested Divorce Timeline and Costs
The time it takes to finish a contested divorce depends on how many issues are disputed and how complex they are. It can take several months or longer to complete.
In most instances, the court process for uncontested divorces can be completed in a much shorter time than for contested divorces.
Costs also vary depending on the issues involved and whether experts or multiple court events are required.
Uncontested Divorces
An uncontested divorce happens when both spouses agree to end their marriage and agree on all major issues.
How to File for an Uncontested Divorce:
- The Plaintiff (the person filing) should indicate on the filing that the divorce is uncontested.
- All required forms and the $300 filing fee still apply.
- The Defendant should file an Appearance form stating they do not contest the divorce but want to appear on any issues that must be resolved.
- The $175 filing fee still applies.
- The couple should prepare a Joint Property Settlement Agreement that includes:
- Custody and parenting time plans
- Child support
- Alimony
- Property and debt division
- Any other financial agreements
The agreement must be signed by both parties and notarized