What Is The Difference Between Contested And Uncontested Divorce

When you’re facing divorce, one of the first questions you’ll encounter is whether yours will be contested or uncontested. These terms determine everything from how long your divorce takes to how much it costs. At Attorney Bernie, we’ve handled both types in Stanislaus County, and understanding the difference helps you know what you’re walking into.

Uncontested Divorce Explained

An uncontested divorce means you and your spouse agree on everything. Property division, debt responsibility, spousal support, child custody, child support, and visitation schedules. All of it.

You don’t have to like each other. You just have to reach agreements on every single issue the court needs to resolve. When both spouses can work things out through negotiation or mediation, the divorce stays uncontested.

What Makes A Divorce Contested

A contested divorce happens when you can’t agree. Maybe you’re fighting over the house. Maybe you can’t settle on custody. Maybe one spouse wants alimony and the other refuses. Even disagreeing on just one issue makes your divorce contested.

Some divorces start contested and become uncontested once spouses negotiate their differences. Others stayed contested all the way through the trial. Any unresolved disagreement puts you in contested territory.

Timeline And Cost Differences

Uncontested divorces move faster. California requires a six-month waiting period from when your spouse is served until the divorce can be finalized. If everything’s agreed upon, you can wrap things up as soon as that passes.

Contested divorces take longer. We’ve seen cases resolve in eight or nine months. We’ve also seen them drag on for years when conflict runs deep.

Uncontested divorces cost less. You’re not paying lawyers to fight over every detail or prepare for trial. Contested divorces get expensive fast. Discovery, depositions, custody evaluators, and trial preparation. Costs sometimes reach tens of thousands of dollars.

Court Involvement

Uncontested cases require minimal court time. You file paperwork, wait out the mandatory period, and submit your settlement agreement. Many don’t even require you to appear in court.

Contested divorces mean regular court dates. Hearings, status conferences, and settlement conferences. If you can’t settle, you’re headed to trial, where a judge decides:

• How your property and debts get divided
• Whether anyone pays spousal support and how much
• Custody arrangements and parenting time
• Child support calculations

Control Over The Outcome

When your divorce is uncontested, you control what happens. You and your spouse decide together how to split things up and handle custody.

Contested divorces that go to trial hand control to the judge. A stranger who doesn’t know your family makes binding decisions about your finances and your children. Most people find that less satisfying than agreements they negotiated themselves.

Which Type Fits Your Situation

As long as you and your former spouse can communicate effectively and are willing to compromise with each other, an uncontested divorce is the best way forward. That saves both of you time, money, and energy through the divorce process.

If you’ve got major disagreements that won’t resolve through discussion, you’re looking at a contested divorce. That doesn’t mean you’ll definitely end up at trial, but it means you need legal representation.

Our Stanislaus County divorce lawyer works to move contested cases toward settlement when possible because most clients end up happier with negotiated agreements. But we’re ready to go to trial when a settlement isn’t achievable. Reach out to our team to discuss your situation and the best strategy for protecting what matters most to you and your family.