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A contested divorce is a divorce proceeding where the spouses do not mutually agree on the divorce or on one or more issues connected with the marriage and separation.

Depending on the applicable marriage law, grounds may include cruelty, adultery, desertion and other statutory grounds. The appropriate ground depends on the facts of the individual case.

A spouse may seek contested divorce on a legally recognised ground even where the other spouse does not consent to the divorce.

Evidence can be important in establishing the legal grounds relied upon. The type of evidence required depends on the circumstances and allegations involved.

Depending on the applicable law and circumstances, a spouse may seek maintenance or other financial relief during or in connection with matrimonial proceedings.

Where children are involved, custody, visitation and child-support-related issues may be considered separately or alongside the matrimonial proceedings, depending on the circumstances and applicable law.

The duration varies depending on the complexity of the matter, evidence, number of issues involved, court schedule and whether the proceedings are contested at different stages.

If both spouses subsequently reach a genuine agreement and the applicable legal requirements are satisfied, they may explore whether the matter can proceed through the appropriate mutual consent mechanism.

Each spouse is entitled to obtain independent legal advice and representation. Where the interests of the parties conflict, independent representation is generally appropriate.