Many pro se litigants have questions about the legal terms “uncontested” and “contested.” The most common case where these legal terms are used are in divorces – for example, a “contested divorce” or “uncontested divorce.”
Uncontested or non-contested cases are cases that can be finished by agreement because both parties agree about all the issues. An uncontested divorce is “when the parties are not fighting each other about the divorce itself or the terms of their separation.”
Cases that can be finished by default are also uncontested cases. Uncontested cases also include cases that are finished by default. A divorce case can be finished by default if the respondent to the divorce petition does not file an answer to the case or otherwise participate in the divorce proceedings, if one spouse can’t find the other, or if both parties agree to enter a default.
A case is contested if the parties disagree about any issues of the case. Generally, to contest is to “oppose, dispute, or challenge through formal or legal procedures.” A divorce is contested if the parties do not agree to one or more terms of the divorce and require the court to determine their outcome. Usually, the respondent will contest the divorce if they disagree to the terms of the original divorce petition.
Title 1, Chapter 6 of the Texas Family Code addresses the statutory requirements for a suit for dissolution of marriage (divorce). Procedural requirements for responding to (or contesting) a civil case can be found in the Texas Rules of Civil Procedure.
Check out the rest of the Civ Pro series from Ex Libris Juris for more information on common topics in civil procedure.
Further information