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Contested vs Uncontested Divorce: What’s the Difference?

When a couple divorces, there are usually a host of decisions that need to be made. These may relate to issues including asset and debt division, spousal support/alimony, child support, custody and visitation, and other matters. If a couple is able to come to an agreement about all the major issues before trial, that is called an uncontested divorce. Conversely, if there are one or more significant matters that the couple cannot agree on themselves, it is a contested divorce. A divorce may start out as contested, but then become uncontested as the parties work out disagreements.

In some cases, the couple may disagree about whether to get divorced at all. However, a judge will not require a couple to stay married if one of the parties does not want to be in the marriage. With all states now having some form of “no-fault” divorce, eventually anyone who wants a divorce can get one, though one party can make the process much longer and more arduous if they are not willing to come to the table in good faith. Generally, no-fault divorces are premised on a fundamental disagreement or incompatibility between the parties. When a couple that disagrees on whether or not to stay married, that can be an example of such a fundamental disagreement.

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