The main difference between contested and uncontested divorce is that parties haven’t reached an agreement in the former case and agree upon divorce terms in the latter case. Moreover, the contested vs. uncontested divorce comparison involves differences in disputes, timeframes, costs, complexity, and appealability.

Due to its complexity, this process also involves the change of financial, filing, and custody status, as well as dependency claims. In this article, you can learn how to choose the right divorce procedure, as you’ll have the entire divorce process explained with tips, variations, and legal matters.

What is a Contested Divorce?

A contested divorce is the legal process in which either one or both spouses disagree on major divorce issues. For instance, child custody disputes and spousal support disputes may arise in contested divorces.

Similarly, spouses may disagree about asset or property division. If they do not have a prenuptial agreement or similar document, such as a postnuptial agreement, to help them with this, they may choose a contested divorce.

A contested divorce usually involves more expenses, as this procedure typically involves attorneys. Due to its complexity, it can also take a long time to complete (discovery, negotiations, etc.).

Another element contributing to the complexity and the need for a higher engagement in contested divorces is appealability. Although any divorce decree can generally be appealed under specific circumstances, appeals are more common in contested divorces due to the greater number of terms divorcees disagree upon.

Simply, your ex-spouse or you can appeal the judge’s decision once the process is over by presenting an argument about the judge’s mistake and waiting for a new decision.

What is an Uncontested Divorce?

An uncontested divorce is a termination of a marriage in which both sides agree on all divorce terms. In other words, before officially filing for divorce, both parties agree on the most critical matters, such as child custody, property, or asset division. 

Due to their nature, uncontested divorces usually last less time than contested ones. The main reason is that there are no disputes but only hearings, which typically don’t last long. 

Hiring attorneys is not mandatory for this type of divorce agreement, but it is not unusual for spouses to consult them to ensure agreements are fair and legally binding. As uncontested divorces have no major disputes, mediation processes are rarely required.

Last but not least, the contested vs. uncontested comparison highlights significant differences in costs.  Since uncontested divorces typically don’t require attorney fees or additional legal expenses, they are generally more affordable than contested divorces.

Fault and No-Fault Divorces

In addition to the contested vs. uncontested divorce comparison, there are two additional divorce subcategories—fault and no-fault divorces. A fault divorce occurs when one spouse alleges that the other is responsible for the marriage ending due to specific actions, such as adultery or cruelty. In contrast, a no-fault divorce means neither spouse places blame on the other for the dissolution of the marriage.

Interestingly, both contested and uncontested divorces can be classified as no-fault. 

In a contested divorce, neither spouse claims that the other is responsible for the marriage ending. However, this type of divorce often involves disagreements over terms such as property division or child custody. In contrast, an uncontested divorce occurs when both spouses agree on all terms without dispute.

Finally, it’s important to point out that divorce, in general, is different from legal separation. A key legal separation vs. divorce distinction is that the former happens when spouses decide to live apart and need a separation agreement to regulate matters such as finances and custody without formally ending the marriage.

Contested vs. Uncontested Divorce: 4 Key Differences 

Costs, timeframes, complexity, and appealability are the main aspects of the contested vs. uncontested divorce comparison.

Let us now examine how each of these elements is different in these processes.

#1. Cost

The costs of both divorce types differ from state to state. However, contrasting the contested and uncontested divorce legal fees reveals that contested divorces are notably more expensive.

For example, filing for an uncontested divorce in New York costs at least $335 in court filing fees. Of course, there are other fees that you must pay during and after an uncontested divorce process. In rare cases, the total cost of an uncontested divorce can amount to a few thousand dollars.

On the other hand, the fee for filing for a contested divorce may be similar to that of an uncontested divorce, but contested divorces also involve various other fees.

You may need to set aside a few hundred dollars for each of these fees:

Considering attorney hourly rates and these expenses, we will soon realize that the average cost of a contested divorce can reach tens of thousands of dollars.

#2. Timeframe

Typically, contested divorces take longer than uncontested ones. This is because uncontested divorces have no major disputes or disputes at all. That being said, divorcees typically need to attend hearings, which are usually short. 

Of course, there are instances of prolonged, uncontested divorces, as they may become collaborative divorces at first. This means that spouses can go through a mediation-like process outside the court and file for an uncontested divorce once they reach an agreement. 

As contested divorces involve disputes and other procedures, it takes more time to go through all of them and reach the verdict. Sometimes, preparing for one of the legal procedures of contested divorces can be quite time-consuming.

#3. Complexity

The contested vs. uncontested divorce differentiation reveals another difference between the two: the number of procedures involved. An uncontested divorce implies preparing and filing divorce documents. In some states, a mediator is necessary, so couples must attend hearings and go through the mediation process.

In contrast, a contested divorce involves preparing documents and filing for divorce, as well as typically hiring an attorney who notifies the other spouse about the process. Additionally, the discovery process starts, involving finding witnesses and collecting records.

Both divorcee’s attorneys then start the negotiation process. If spouses reach an agreement, there’s no need for a trial, but if they don’t, they must go to a trial. Finally, one of the divorcees may request an appeal if not satisfied with the verdict.

#4. Appealability

Appealability is an essential factor arising in the contested vs. uncontested divorce comparison, as it’s more frequently used in contested divorces. Needless to say, uncontested divorces imply an agreement (e.g., a property division agreement, divorce decree, or nonwritten agreement) which usually helps avoid appeals.

On the contrary, contested divorces may have to end up in trials. If a judge gives a verdict and one of the spouses believes there was a mistake, they can appeal. Specifically, this type of divorce can be appealed if one side discovers that their ex-spouse lied, hid an asset or property, or that the court has misinterpreted the law in your case.

How to Decide Which One is Right For You

You can decide which divorce type is right for you by evaluating whether you and your ex-spouse agree upon significant terms, such as priorities, assets, property, and debts, as well as your relationship dynamics.

Finding affordable divorce solutions is the priority for both parties in most cases. That’s why both divorcees should try to agree upon main issues like child custody or property division. If you find the middle ground, you’ll likely opt for an uncontested divorce. This type of divorce suits divorcees who get along well, even though they have decided to file for divorce.

On the other hand, one spouse may not agree on the major terms or may not care about how long a divorce will take, even after one side tries to reach an agreement. In such cases, the other party has no choice but to opt for mediation or choose a contested divorce and go to a trial.

How Can Contracts.net Make Things Easier for You

Filing for divorce online is a common practice nowadays. Even if you want to draft legal documents for divorce, you can use online software like Contracts.net tools.

For example, you can find mutual divorce agreement templates, such as separation, prenuptial, postnuptial, and settlement agreements. Our templates are made according to the highest legal standards and are simple and easy to use. Plus, the document creation process is automated and is, therefore, hassle-free and quick.

Final Thoughts

The contested vs. uncontested divorce comparison points to various differences. The former is longer, more expensive, and more complex than the latter. Contested divorces require more procedures, such as choosing an attorney, discovery, negotiations, and appeals.

Both types of divorces involve fees, but they are more predominant in contested divorces. If we add the cost of an attorney and the time needed to complete all processes, we see why contested divorces are more expensive and time-consuming.

This is why it is suggested that you choose an uncontested divorce over a contested one. However, it may happen that the two sides cannot reach an agreement and that a contested divorce is unavoidable.

Contested vs. Uncontested Divorce FAQ