A divorce is uncontested if:
- The parties are in agreement about all issues arising from their marriage, for example, child support, custody of the children, how their property, finances, and retirement will be divided etc.
- The parties have a signed Separation Agreement or Marital Settlement Agreement that resolves all the issues in their marriage.
A divorce is contested if the parties do not agree about one or more of the issues involved.
Then they either attempt to resolve the issue or issues they disagree about by way of negotiation with the assistance of attorneys or they must ask the court to decide the issues for them. There is no waiting period to file for divorce.