Divorces fall into two broad categories depending on whether spouses can agree on the terms of their dissolution. Contested divorces involve disputes requiring judicial resolution, while uncontested divorces proceed with both parties agreeing on all major issues. Understanding the differences helps you choose the approach best suited to your situation.
What Makes a Divorce Uncontested
An uncontested divorce means both spouses agree on all significant issues including property division, debt allocation, child custody and support, and spousal maintenance. Agreement must be genuine and complete, not simply one party giving in to avoid conflict. When spouses truly see eye to eye on how to divide their lives, uncontested divorce offers substantial advantages.
Uncontested doesn't mean unrepresented. Both parties should understand their rights before agreeing to terms, and having an attorney review agreements protects against overlooking important issues or accepting unfavorable terms. One attorney cannot represent both parties, but each can have separate counsel even in cooperative proceedings.
Benefits of Uncontested Divorce
Cost savings represent the most obvious advantage of uncontested divorce. Without litigation over contested issues, attorney fees remain far lower than in contested cases. Court costs decrease when fewer hearings and filings are required. The financial savings can be substantial, potentially preserving thousands of dollars that would otherwise go to legal fees.
Speed and efficiency favor uncontested proceedings. Without discovery disputes, motion practice, and trial preparation, uncontested divorces typically conclude in months rather than years. Reduced time means less emotional strain and faster ability to move forward with post-divorce life.
When Contested Divorce Becomes Necessary
Some situations make agreement impossible. When spouses fundamentally disagree about custody, believe fair property division looks dramatically different, or distrust each other's financial disclosures, contested proceedings may be unavoidable. Domestic violence situations often require contested approaches to protect safety and ensure fair outcomes.
Hidden assets or dishonesty about finances frequently require contested proceedings with formal discovery to uncover the truth. When one spouse controlled finances during the marriage and the other lacks information needed to evaluate settlement proposals, litigation tools become necessary to level the playing field.
The Contested Divorce Process
Contested divorces involve formal discovery, pretrial motions, and potentially trial. Discovery allows both parties to obtain financial records, depose witnesses, and gather evidence supporting their positions. Motions may address temporary support, custody during proceedings, or other interim matters. If settlement isn't reached, trial resolves disputed issues through judicial decision.
Even contested divorces often settle before trial. As discovery reveals information and parties understand likely trial outcomes, settlement becomes more attractive. Mediation can help contested cases reach resolution by facilitating negotiation with a neutral third party's assistance.
Choosing Your Approach
Consider several factors when deciding between approaches. Your relationship with your spouse, the complexity of your finances, whether children are involved, and your respective abilities to negotiate fairly all matter. Uncontested divorce works best when both parties act in good faith, have reasonable expectations, and can communicate productively even if the relationship has ended.
An experienced divorce attorney can help evaluate which approach suits your situation. Sometimes cases that seem headed for litigation resolve cooperatively once both parties understand the law and likely outcomes. Starting with attempts at agreement makes sense in many cases, with litigation available as a backup if negotiation fails.