Understanding the Difference between contested
and uncontested divorce
Contested and uncontested describes the level of disagreement that occurs when individuals are contemplating divorce. Those individuals who are in agreement in all aspects of the divorce will usually file what is called an uncontested divorce where they have agreements on division of assets, debts, custody/time-sharing, and maintenance.
Spouses who have no agreements or very little agreements on terms of their divorce and need to litigate over asset division, maintenance, custody/time-sharing, or division of assets usually file a contested divorce as their case will need court intervention.
Contested Divorces:
• A contested divorce means that the parties have no agreements on the major issues involved and can take months or even years to finalize. The length of time is partly due to the court’s availability.
• Parties are at the mercy of the judge assigned to hear their case.
• Parties may need to request time off from work to sometimes sit in a courtroom for hours before the judge calls their case.
• Parties can agree to mediate issues with a mediator to spend less time in Court however the parties are at the mediator’s mercy with scheduling and pricing.
• It is also possible for the parties to begin a contested divorce and realize that they can work through the issues and end up signing a marital settlement agreement to memorialize the agreements on the issues.
• If the parties choose to litigate every single issue, instead of reaching agreements, contested divorces have the potential to become very costly very quickly.
Uncontested Divorces:
• Uncontested divorce means the parties are agreeable on every aspect of their divorce and won’t necessarily need to appear before a judge.
• Uncontested divorces are usually faster and smoother due to parties having more control over the outcome.
• Parties can start with an uncontested divorce and end up realizing they don’t agree on all the issues, or one party was not being truthful about assets and their divorce can turn into a contested divorce where they need representation and possibly litigate the issues in court.
• Representation may not be required but may be needed if one or both parties have questions about the paperwork.
• Uncontested divorces are also less costly.
• There is less interruption to one’s daily routine.
Conclusion
No matter which type of divorce you choose, there are pros and cons to both. As stated above, it is possible to start with a contested divorce and end up settling all issues after negotiating. It is also possible to start with an uncontested divorce and end up with the judge stepping in.
If you’re considering whether a divorce is right for you, think about what is important to you and what you and your spouse can agree upon.
Written by: Cassandra Combs
Cassandra Combs is a dedicated attorney with a diverse background, licensed in Kentucky and Minnesota. With degrees in Political Science, Criminal Justice, and Law, she brings a wealth of experience and compassion to her practice. Cassandra has worked extensively in domestic violence advocacy, legal aid, and family law, including divorce, custody, and protective orders. Passionate about justice and community, she continues to make a meaningful impact both in the courtroom and beyond.
Learn more about Cassandra here.
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