An uncontested divorce is one in which the parties agree on the terms such as property division, custody, visitation, or child support. A contested divorce is one in which the parties don’t agree and may have a judge or jury decide one or more of the terms. In reality, most cases fall into both categories at some time or another. Many people start the divorce proceedings thinking they have an uncontested case only to find out they don’t agree on a particular issue. On the other hand, there are a lot of parties who don’t agree on an issue in the beginning but, through negotiations with their attorneys, do come to an agreement. The good news is that no matter how they start, almost all cases end up on the uncontested docket when they are finished.
Regan Armstrong practices family law in Houston. She is a member of the Houston, Texas, and American Bar Associations.