In Alabama, a contested divorce simply means that both sides can’t agree on how everything should be split (custody included) and must depend on the legal system to provide a fair resolution. An uncontested divorce is one where both parties are already in complete agreement on how to divide assets and custody before filing for divorce. In this case, the couple usually hires an attorney to draw up the appropriate documents and submit them to the court for approval. In our experience, nearly eight out of 10 divorces are contested even when a couple starts out thinking it will be uncontested, and almost never is a divorce involving custody uncontested.