Contested vs. uncontested divorce: everything you need to know

What makes these divorce types different

An uncontested divorce happens when both spouses agree on every major issue before filing. This includes how to divide property and debts, how to structure child custody and parenting time, what support will look like, and how any remaining obligations will be handled. Because everything is already resolved, the judge’s role is limited to reviewing the agreement for fairness and issuing the final decree. The process is shorter, quieter, and less expensive because there are no disputes to litigate.

A contested divorce occurs when spouses cannot agree on one or more of these issues. Instead of finalizing a settlement up front, the case moves through attorney negotiations, discovery, mediation, and possibly trial. A judge ultimately makes the decisions if the spouses cannot settle. This type of divorce is more complex, more expensive, and takes longer because the court must resolve each disputed issue based on the law and evidence.

Head-to-head comparison

Here is a practical side-by-side look at how contested and uncontested divorces differ:

This comparison helps highlight the trade-offs: speed and cost versus litigation and judicial decision-making.

Note: The figures in this article are estimates only and vary significantly by geographic location, attorney hourly rates, and case complexity.

Contested vs. uncontested divorce in practice

In an uncontested divorce, the spouses usually negotiate terms directly or through mediation. Once the agreement is final, attorneys prepare the necessary documents, the case is filed, and the judge reviews the settlement. Some states require a short waiting period, but most uncontested cases conclude with one brief hearing or even a signed order without appearing in court. The entire process often finishes within a few months.

A contested divorce moves very differently. After one spouse files the petition and the other responds, the court may schedule a temporary orders hearing to address immediate issues like custody or support. Both sides exchange financial information and conduct discovery, which may include document requests, depositions, or expert evaluations. Negotiations and mediation occur throughout the case, but if issues remain unresolved, the divorce proceeds to trial. A judge then hears testimony, evaluates evidence, and issues final decisions. This process easily stretches over a year, especially in cases involving complex assets or high-conflict parenting issues.

Cost and value comparison

Uncontested divorces are far more affordable because the legal and procedural work is limited. Typical costs include court filing fees and attorney time for drafting documents. Even with professional help, many uncontested cases fall within the $3,000 to $8,000 range.

Contested divorces are significantly more expensive. Attorney fees accumulate over months of negotiation, discovery, hearings, and trial preparation. Expert witnesses may be needed for custody or asset valuation, adding thousands of dollars. Total costs commonly reach $15,000 to $50,000 or more, depending on the level of conflict and complexity.

Cost is influenced by several factors, including the number of disputed issues, the level of cooperation between spouses, the complexity of financial or parenting matters, the need for expert witnesses, and whether the case proceeds to trial.

Timeline comparison between contested and uncontested divorce

An uncontested divorce generally moves quickly because the agreement is already in place. After document preparation and filing, spouses complete any required waiting period, attend a brief final hearing if necessary, and receive the final decree. The process typically lasts 3 to 6 months.

A contested divorce takes much longer because each stage depends on attorney schedules, court calendars, discovery deadlines, and negotiation progress. Temporary orders are often handled within the first few months, but the full discovery and negotiation process may continue throughout the year. Trial preparation and scheduling add additional time, bringing most contested cases into the 12 to 18-month range.

The uncontested divorce process

An uncontested divorce follows a more predictable and streamlined path. Once both spouses agree on every major issue, they can move forward with finalizing the settlement.

Reaching agreement

Most couples reach an agreement through direct discussion, mediation, or attorney-guided negotiation. This stage often involves exchanging basic financial information, clarifying priorities, and drafting a parenting plan if children are involved. Once the terms are set, they are written into a formal settlement agreement.

Filing and court review

After the agreement is drafted, your attorney prepares the required court documents. These usually include the petition, financial disclosures, the settlement agreement, and parenting documents. Once filed, the other spouse is formally served unless service is waived. The court then reviews the agreement to ensure it is fair and meets state requirements.

Finalization

Many states require a brief final hearing where the judge asks a few confirmation questions. If everything is in order, the judge approves the settlement and issues the final divorce decree. Because there are no disputes to resolve, this entire process is usually efficient and low-stress.

The contested divorce process

Contested divorces have more steps because the court must resolve disagreements. The process can shift as negotiations evolve, but most cases move through the same core stages.

Initial filing and temporary orders

A divorce case begins when one spouse files the petition and serves the other. The case becomes contested if the responding spouse files an answer disputing one or more issues. The responding spouse may also file counterclaims. Courts often schedule a temporary orders hearing early in the case to address immediate issues such as custody, support, or use of the home. These temporary orders remain in place until the final decree is entered.

Discovery phase

Discovery is one of the most time-intensive parts of a contested divorce. Each side gathers information through financial disclosures, document requests, interrogatories, subpoenas, and depositions. In cases involving businesses, real estate, or disputed parenting issues, experts may be appointed to evaluate assets or conduct custody assessments.

Negotiation and settlement attempts

Even in contested cases, courts generally expect spouses to try resolving disputes before trial. Attorneys negotiate throughout the case, and mediation is often required. Many contested divorces settle during this stage once enough information has been exchanged, and both sides understand the risks of trial.

Trial and final judgment

If negotiations fail, the case proceeds to trial. Each spouse presents evidence, calls witnesses, and makes legal arguments. After reviewing the testimony and documents, the judge issues a ruling on all unresolved issues. A final decree is then entered, and either party may have a limited window to appeal.

Advantages of each divorce type

Uncontested divorces offer clear benefits when cooperation is possible. They are significantly less expensive, move faster, and generally create less emotional strain. Because spouses make the decisions themselves, they maintain more control over the final outcome. The process also preserves privacy, since settlement agreements do not involve public testimony.

A contested approach is sometimes unavoidable. This is often the case when spouses fundamentally disagree on financial issues, when one party refuses reasonable negotiations, or when there are concerns about hidden assets. Contested cases are also necessary in high-conflict custody situations, cases involving domestic violence, or situations where one spouse needs the protection of court orders and structured procedures.

Can the divorce type change during the process?

Yes. Many divorces shift categories as circumstances develop. A contested divorce can become uncontested if negotiations or mediation ultimately result in a full agreement. This often occurs after discovery provides clarity or after both parties become aware of the potential costs of a trial. When a settlement is reached, the case transitions to an uncontested finalization.

The opposite can also happen. Spouses who initially agree on terms may discover new financial information, encounter disagreements during the drafting stage, or realize certain terms feel unfair. In such situations, an uncontested divorce can become contested until the disputes are resolved.

Which divorce type is right for you?

The right approach depends on your relationship dynamics, the complexity of your assets, and your ability to communicate constructively.

An uncontested divorce may be the best fit when you and your spouse share similar goals, have relatively simple financial circumstances, and are willing to negotiate collaboratively. It works especially well when both parties trust each other to disclose financial information honestly and follow through on agreed terms.

A contested divorce may be necessary when there are major disagreements about money or parenting, when you suspect hidden assets, when there is a history of domestic violence, or when one spouse is unwilling to negotiate fairly. Cases involving businesses, separate property claims, or complex valuations often require contested procedures due to the need for more thorough legal and financial analysis.

Choosing the right family law attorney

The attorney you hire should match the type of divorce you are facing. For an uncontested divorce, you may want someone who focuses on efficient document preparation, clear communication, and collaborative problem-solving. If your case is contested or likely to become contested, you need an attorney with strong litigation experience, familiarity with local judges and procedures, and the ability to negotiate effectively under pressure.

Working with a family law team like Marble can also help you understand which approach fits your situation and what level of support you may need.

Conclusion

Understanding the difference between contested and uncontested divorce helps you plan effectively and choose a process that aligns with your goals. Uncontested divorces offer a faster and more affordable path when agreement is possible. Contested divorces provide structure, protection, and judicial decision-making when disputes need to be resolved through the legal system. Many cases move between these categories over time, eventually settling even after beginning with conflict.

Working with an experienced family law attorney can guide you through either path, provide clarity during uncertain moments, and help you reach a fair resolution that supports your long-term stability.