Uncontested vs. Contested Divorce: What’s the Difference?

Navigating the divorce process requires a clear understanding of your options. There are two paths typically to choose: uncontested or contested, and it can significantly impact the duration, cost, and emotional toll of the proceedings. The following information should help you with choosing the route that is appropriate for you and your family.

What Is an Uncontested Divorce?

An uncontested divorce occurs when both spouses reach a mutual agreement on all major aspects of their divorce, including:​

• Division of Property and Debts: How assets and liabilities are distributed amongst the parties
• Spousal Support (Alimony): Whether one spouse will provide financial support to the other; and the terms of such support
• Child Custody and Support: Official arrangements regarding the care and financial support of any minor children

Uncontested divorces are typically more straightforward and efficient as the process involves drafting a “Consent Decree of Dissolution of Marriage,” which is signed by both parties and submitted to the court for approval.  After the mandatory waiting period (which varies by state and begins at the date of service of the divorce petition,) the court can then officially finalize the divorce. 

What Is a Contested Divorce?

A contested divorce arises when spouses cannot agree on one or more critical issues, necessitating court intervention. The most common contention points include: 

• Asset and Debt Division: Disputes over who gets what in terms of property (real and otherwise) and debts incurred during the marriage
• Child Custody (sometimes labeled “parenting time”) and Visitation: Disagreements regarding parenting responsibilities and schedules and other related items concerning the parenting of children and related matters
• Child Support: Conflict over the amounts child support payments, reported incomes, etc. 
• Spousal Support: Challenges to the necessity, amount, or duration of alimony payments if applicable

The contested divorce process typically follows these steps:​

1. Filing the Petition: One spouse (the petitioner) files a “Petition for Dissolution of Marriage,” outlining their desired outcomes and structure
2. Serving the Divorce Papers: The petitioner must serve these papers to their spouse (the respondent) via a service
3. Response and Counter-Petition: The respondent has a set timeframe to respond and/or file a counter-petition if they are not in agreement with all terms outlined in the petition 
4. Discovery Phase: Both parties exchange information and documents relevant to the divorce with each other’s counsel
5. Mediation and Negotiation: Focused efforts should be made to resolve disputes outside of court first
6. Trial: If the disputes are not resolved in mediation, the case goes to trial where a judge makes the final decisions 

Cost Comparison

The financial implications of divorce vary significantly between uncontested and contested cases. In general, contested divorces are generally more time-consuming and more costly due to the complexities involved. ​Uncontested divorce cases typically have considerably lower costs association with them as the main factors include filing fees and should have no, or little legal expenses. Contested divorces, on the other hand, can see expenses escalate quickly, especially with regard to attorney fees, expert witnesses, and more. (Think $15,000-$20,000 per spouse.)

Time and Emotional Impact

The duration and emotional strain of the divorce process also differ in a contested versus uncontested divorce. In an uncontested divorce, you typically see a finalization very shortly after the waiting period. In some states this could be as quickly as 30-90 days post acceptance. For contested divorces, we have seen cases that last YEARS due to disputes complexity, court schedules, and other prolonged process issues. Keep in mind this prolonged process can intensify emotional stress for both parties and any involved children. Moreover, if the parties cannot decide how to proceed together, a Judge will dictate what they may and may not do regarding their minor child(ren).

Choosing the Right Path

Deciding between an uncontested and contested divorce depends on various factors:​

• Level of Agreement: If both parties can amicably resolve all issues, or have no major issues present to begin with, clearly an uncontested divorce is preferable and logical
• Complexity of Assets: If there are high-value or intricate assets (singularly or within the marriage) this may necessitate a contested approach 
• Children Involved: Hands down, disagreements over custody, or child support most often lead to the necessity of  contested proceedings.
• Emotional Dynamics: High-conflict relationships tend to find it challenging to reach mutual agreements easily; making a contested divorce more likely

Whether you are choosing a contested or non-contested divorce, we are here to help you with compassion in mind.