What is the difference between a contested and uncontested dissolution of marriage?
An uncontested dissolution of marriage proceeding is based upon full and complete agreement by and between the marriage partners. Both parties must be in complete agreement as to the division of all property, the payment of all debts, the allocation of parental rights regarding the parties’ minor child or children and the amount of child support. During a hearing of an uncontested divorce, the moving party must testify the marriage between the parties is irretrievably broken and that there is no prospect for reconciliation. The proposed separation agreement the parties have entered into must be approved and made an Order of the Court. Again, in an uncontested dissolution of marriage, the parties have reached an agreement regarding all issues which are pending before the Court. A contested dissolution of marriage occurs when the parties are unable to reach a complete agreement regarding the issues presently pending before the Court. The parties may disagree regarding the division of cer
