Miss this distinction, and a divorce that looked routine can turn into a long, expensive court fight over property, support, custody, or even whether the marriage should end on the terms one spouse wants. A contested divorce happens when spouses do not agree on one or more key issues in ending a marriage. Those disputes may involve child custody, visitation, child support, alimony, division of debts, or how to split marital property. If the disagreement is not resolved through negotiation, mediation, or settlement, a judge decides the unresolved issues.

Practically, a contested divorce usually takes more time, costs more, and requires more paperwork, evidence, and court appearances than an uncontested divorce. It can include temporary orders while the case is pending, such as who stays in the home, who pays which bills, and where the children live. Once a case is contested, texts, financial records, parenting history, and witness statements can all matter.

For an injury claim, the stakes can be high. A pending personal injury settlement, workers' compensation benefits, medical debt, or lost-income claim may become part of the fight over marital assets, separate property, or support. In Hawaii, divorce is generally based on an "irretrievable breakdown" of the marriage under Hawaii Revised Statutes § 580-41 (2024). Even when both spouses agree the marriage is over, the divorce is still contested if they fight over the terms.