When one spouse does not consent to divorce, or the parties cannot agree on terms, the matter proceeds as a contested case on recognised legal grounds.
A divorce is contested when one spouse files a petition and the other does not consent, or when the parties cannot agree on the terms of separation. Unlike mutual consent divorce, a contested case must be based on specific legal grounds recognised under the law governing the marriage, and the petitioner needs to establish those grounds before the court.
Conduct, physical or mental, that makes it unreasonable to expect the parties to continue living together.
One spouse leaving the other without reasonable cause for a continuous period.
A voluntary sexual relationship outside the marriage, where it can be established.
Other grounds may be available depending on the law governing your marriage. We assess which grounds genuinely fit your facts rather than listing every possibility regardless of relevance.
The petitioning spouse files a divorce petition stating the grounds relied on, supported by facts.
The other spouse is served and files a written response, agreeing, denying, or contesting the claims.
Both sides present evidence and witnesses to support their position before the court.
The court decides whether the grounds are established and, if so, grants the decree.
Contested cases generally take longer than mutual consent divorce and depend heavily on the evidence available and the court's schedule. We will give you a realistic sense of what your specific case involves, rather than a general estimate.
Yes — parties sometimes reach agreement during the process, at which point the matter can be converted to a mutual consent petition. See our mediation page.
This depends entirely on the grounds relied on — documents, correspondence, witness testimony or other proof relevant to establishing cruelty, desertion or another ground. We advise on what applies to your case specifically.
Interim maintenance can often be claimed while the case is pending, separate from the final outcome. See our maintenance & alimony page.
We'll assess your grounds and evidence honestly before you file or respond.