Many people hear the term “contested divorce” and assume that the divorce itself is in question. In the past, after all, many people had to prove that their spouse was at fault and that a divorce was necessary. The divorce may not have been granted if they could not do so.
But in 2025, most people simply cite irreconcilable differences and file for a no-fault divorce. This means they do not have to prove anything, their spouse does not have to be in the wrong and the divorce itself isn’t in question—it is going to occur. So, what does “contested” mean in this context?
The terms of the divorce
What is in question is how the divorce will play out and exactly what the terms will look like. This is where couples still tend to disagree, even when it is clear that the relationship is ending.
For example, they may disagree on how marital assets should be divided. If they can’t come to a decision jointly, a court may require full disclosure of all assets and help them come up with a property division plan that aligns with state law in New Jersey.
Another common example is child custody. Say that both parents want sole custody. That is not possible, so the court will have to examine the case and determine whether one person should receive sole custody or if both parents should share joint custody. They can issue a ruling and a custody schedule.
Navigating the divorce process
These are just a few of the complications that can arise during a divorce. If you are going through this process, be sure you know exactly what steps to take.