Contested vs. Uncontested Divorce
When spouses decide to end their marriage, they must address several key issues, including the division of property and debt, spousal support (alimony), child custody and visitation, and child support. How these matters are resolved determines whether the divorce is uncontested or contested. Understanding this distinction can help spouses anticipate the process, likely timeline, and potential costs involved.
What Is an Uncontested Divorce?
An uncontested divorce occurs when both spouses agree on all significant issues before going to court. These issues often involve determining the value and division of marital property (assets and debts acquired during the marriage, such as houses, cars, bank accounts, and retirement funds), custody arrangements for children, and whether one spouse will pay spousal support to the other and, if so, the amount and duration. Since there are no unresolved disagreements, a judge doesn't need to hold a trial to make these decisions.
Although local court rules and the court's schedule still affect the timeline, an uncontested case generally requires less formal gathering of financial documents and fewer court hearings. This generally reduces legal expenses and allows spouses to remain in direct control of property settlements and parenting plans.
What Is a Contested Divorce?
A divorce is contested when the spouses cannot agree on one or more essential matters. Disagreements over property distribution, child custody arrangements, or spousal support are common reasons for a contested divorce. If discussions or attempts at mediation fail to resolve these disputes, the matter proceeds through the court system.
The judge may order "discovery," which is the formal process of gathering evidence. This can include requesting documents, asking written questions (interrogatories), and taking sworn testimony from witnesses (depositions). In the absence of a settlement, a contested divorce can lead to a trial where each spouse presents evidence and testimony. The judge then decides how to divide assets, allocate custody, award spousal support, or otherwise finalize the divorce.
Time, Cost, and Procedure
Uncontested divorces typically move more quickly through the legal system. Without the need for depositions, multiple hearings, or trial preparation, these divorces often conclude with fewer delays and lower legal fees. By contrast, contested divorces involve a more formal legal process and greater court involvement, which can significantly lengthen proceedings. The exchange of information, preparation of witnesses, and scheduling of court dates all contribute to a lengthier and more expensive process.
How a Divorce Can Shift From Contested to Uncontested
A divorce may begin as contested if the spouses disagree on custody, asset valuation, or other concerns. As they exchange information and consult advisors, they sometimes resolve these disagreements and submit an agreed-upon settlement to the court. Reaching a mutual agreement often saves time and money, and it gives the spouses greater control over the outcome.
Mediation and Alternative Solutions
When disputes arise, spouses do not have to immediately present all issues to a judge. Mediation is a structured process involving a neutral third party (the mediator) who helps the spouses communicate and negotiate toward a voluntary resolution. Mediation can be effective in addressing even complex property or custody issues. If mediation is unsuccessful, or if the spouses prefer a different approach, they may turn to other forms of alternative dispute resolution (ADR), such as arbitration, or they may rely on judicial intervention for a final determination by a judge.
