What is the difference between a contested and uncontested dissolution of marriage?
An uncontested dissolution of marriage proceeding is based upon a 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 certain assets, the payment of certain debts, the issues of custody and child support and any other issues that may be pending before the Court.
If the dissolution action is contested, the parties and their respective counsel argue the issues and their client’s position to the Court and the Court issues a final decision regarding the issues that were in dispute.
At Busald Funk Zevely, we work with honesty, compassion, assertiveness, and most importantly, experience. If you’re considering filing for a dissolution of marriage in Northern Kentucky, contact one of our family law attorneys to see how we can work together.