What is the difference between a contested and uncontested divorce?

Please note that these answers are not legal advice. If you’re in need of legal advice or a lawyer please visit our Expert Guide


The main difference between a contested and uncontested divorce lies in how the spouses handle their disagreements about key aspects of the divorce:

Uncontested Divorce

  • Both spouses agree on all major issues, including:

    • Division of property and assets

    • Child custody and support

    • Alimony (spousal support)

    • Debt allocation

  • Typically faster, less expensive, and less stressful.

  • Often involves minimal court appearances—sometimes just paperwork.

  • Can be handled through mediation or a collaborative divorce process.

Contested Divorce

  • Spouses disagree on one or more major issues.

  • Requires court intervention to resolve disputes.

  • Involves:

    • Discovery processes (exchange of financial information and documents)

    • Hearings and sometimes a trial

    • Longer timelines and higher legal costs

  • Judges make final decisions on disputed matters if spouses cannot come to an agreement.

Key Differences:

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