Contested vs. Uncontested: At first glance, the distinction between these terms can seem intimidating. “Contested” may suggest a drawn-out legal battle, while “uncontested” sounds simple and straightforward. But are these assumptions accurate when it comes to divorce in Ohio? Not necessarily.
Ohio Divorce Proceedings
In Ohio, there are two types of divorce proceedings: contested and uncontested. As is typically the case in family law matters, the actual distinction between the two proceedings has nothing to do with the end result, but rather how the outcome is reached. It’s important to remember that both contested and uncontested divorce proceedings ultimately end in the termination of the marriage; however, the process differs depending on the path taken.
Notably, all divorce matters in Ohio start out as uncontested. Specifically, when a party files a Complaint for divorce in Ohio, the matter is designated as uncontested until such time as the adverse (i.e. non-filing) spouse makes an appearance in the lawsuit and files an Answer to the Complaint. The adverse party has 28 days from the date that he or she is served with the Complaint for divorce to file an Answer to the Complaint. In this way, in the context of a divorce proceeding, “uncontested” simply means that the other spouse has not filed an Answer to the Complaint, and thus, has not procedurally shown up to contest the termination of the marriage.
To the extent that a properly served adverse spouse does not timely file an Answer to the Complaint or otherwise procedurally challenge the termination of the marriage, then the divorce proceeding continues as uncontested, and the matter is set for a final uncontested hearing. At the final uncontested hearing, the party initiating the divorce lawsuit must appear at Court and offer evidence and testimony, under oath, as to the requested resolution of the parties’ financial, property and children’s issues, if applicable. Further, the party initiating the divorce lawsuit must also have a witness appear at the final uncontested hearing to provide testimony, under oath, as to the requested grounds for the divorce. After having heard this testimony and evidence, the court can grant the uncontested divorce and terminate the marriage.
In contrast, if and when the adverse spouse makes an appearance in the lawsuit and files an Answer to the Complaint, then the categorization of the divorce proceeding transitions to contested as a matter of course. Ultimately, this change in categorization does not inherently mean that the divorce matter now becomes litigious and contentious. Instead, the shift from uncontested to contested simply means that the adverse party has made an appearance and will be participating in the process.
Procedural Differences and Outcomes
Procedurally, once a divorce shifts from uncontested to contested, any scheduled uncontested final hearing is either canceled or converted to a pretrial, and the litigation process continues from there. Temporary or interim matters may be heard, additional court dates will likely be scheduled, discovery may be issued and the parties will work together to try to resolve the contested divorce matter. Ultimately, in a contested divorce, if the parties cannot agree on all issues, the case will proceed to a final evidentiary trial, where each spouse may present testimony and evidence to support their desired outcome. After the trial—or if a settlement is reached beforehand—the court will terminate the marriage.
