Uncontested vs Contested Divorce in California

Filing for divorce in California? The single most important factor determining your timeline, costs, and complexity is whether your divorce is uncontested (both parties agree on all issues) or contested (one or more issues are disputed). Even if you agree on most things but disagree on a single major issue like child custody or property division, your divorce is considered contested—with dramatically different requirements, costs, and timelines. Understanding these divorce path options can save you thousands of dollars and months of stress.

Understanding the differences between these two tracks helps you set realistic expectations, budget appropriately, and choose the right approach for your situation. Both types follow California's no-fault divorce laws and require the same 6-month residency and waiting periods, but the path from filing to finalization differs significantly.

Quick Comparison: Uncontested vs Contested

What is an Uncontested Divorce?

An uncontested divorce means you and your spouse agree on all major issues, including:

• Division of marital property and debts
• Child custody and visitation schedules (if applicable)
• Child support amounts and payment terms
• Spousal support (alimony) arrangements

In an uncontested divorce, you typically file a Petition (FL-100) and Summons (FL-110), serve your spouse, exchange mandatory financial disclosures, and submit a stipulated judgment detailing your agreements. Many uncontested cases never require a court appearance—the judge reviews your paperwork and signs the final judgment. California's minimum 6-month waiting period still applies, but uncontested cases often finalize in 6-9 months total.

What is a Contested Divorce?

A contested divorce occurs when you and your spouse disagree on one or more major issues. Common disputes include:

• Child custody arrangements and decision-making authority
• Visitation schedules and parenting time
• Division of complex assets (real estate, businesses, retirement accounts)
• Spousal support duration and amounts
• Child support calculations when incomes are disputed

Contested divorces involve significantly more court involvement. You'll likely file Requests for Order (FL-300) for temporary arrangements during the case, attend mandatory mediation if custody is disputed (California Family Code § 3170), engage in formal discovery to gather financial information, participate in case management conferences, and potentially go to trial if settlement fails. The process averages 16 months but can extend to 2+ years for complex cases.

Cost Comparison

Uncontested Divorce Costs

• Filing fee: $435-$450 (both parties if both file Response)
• Service of process: $0-$150 (depends on method)
• Mediation (optional): $2,000-$5,500
• Attorney review (optional): $500-$2,000
• Total typical range: $1,500-$8,000

Contested Divorce Costs

• Filing fees: $435-$450 (same as uncontested)
• Attorney retainer: $5,000-$15,000 upfront
• Attorney hourly rates: $200-$600/hour (varies by region)
• Mediation: Often required, $150-$400/hour
• Expert witnesses: $2,500-$15,000+ (custody evaluators, appraisers, forensic accountants)
• Discovery costs: Depositions, subpoenas, document review
• Total average: $17,500 (no kids) to $26,300 (with kids); complex cases $40,000-$50,000+

Timeline Comparison

Uncontested: California requires a mandatory 6-month waiting period from service of the Petition before the divorce can be finalized. Most uncontested cases complete in 6-9 months total. Cases with moderate complexity may take 9-14 months.

Contested: Expect 16 months on average if the case goes to trial on at least one issue. Complex custody disputes, business valuations, or significant asset divisions can extend the timeline to 18-24+ months. Court trial calendars often book 1+ year in advance, adding further delays.

Paperwork Comparison

Uncontested Required Forms

• FL-100 (Petition), FL-110 (Summons), FL-105 (UCCJEA if children)
• FL-120 (Response) from other party
• FL-140/141/142 or FL-160 + FL-150 (Financial disclosures)
• FL-180 (Judgment) with settlement attachments
• FL-144 (Waiver of Final Disclosures) - optional if both agree

Contested Additional Forms

• FL-300 (Request for Order) for temporary orders
• FL-311 (Custody Application), FL-341/342/343 (Order attachments)
• FL-145 (Form Interrogatories), FL-150 (Income & Expense) - extensive detail
• FL-330/335 (Proof of service for multiple motions)
• Proposed trial exhibits, witness lists, trial briefs

Calculate Your Estimated Divorce Costs

Use our free calculator to estimate your total divorce costs based on whether your case is uncontested or contested, including filing fees, attorney costs, and potential additional expenses.

Choosing Your Track

Important: You cannot simply "choose" contested divorce. If you and your spouse genuinely agree on all major issues, your divorce is uncontested by definition. However, if even one significant issue is disputed, your case becomes contested regardless of your preference.

Start uncontested, stay uncontested: Even if your divorce starts contested, you can convert to uncontested at any time by reaching full agreement. Many cases settle during mediation or after temporary orders provide clarity on likely outcomes. Converting to uncontested dramatically reduces costs and speeds finalization. Learn more about cost-saving strategies that can help you avoid expensive litigation.

Summary dissolution option: For very simple cases (married less than 5 years, no children, no real estate, limited assets/debts), California offers summary dissolution—an even faster, cheaper uncontested track with joint filing and streamlined forms (FL-800/FL-810).

Frequently Asked Questions

Can I file for uncontested divorce if my spouse won't cooperate?

If your spouse refuses to participate, you can proceed with an uncontested default divorce. Your spouse has 30 days to respond after service. If they don't respond, you can request a default judgment. This is still considered uncontested because there are no disputes—your proposed settlement simply becomes the judgment.

Do both types require the same residency and waiting periods?

Yes. Both uncontested and contested divorces require: (1) 6 months California residency + 3 months in the filing county, and (2) a mandatory 6-month waiting period from service to final judgment. These requirements are identical regardless of divorce type.

Can a contested divorce become uncontested later?

Absolutely. Many contested cases settle during mediation, discovery, or after temporary orders. Once you reach full agreement, you file a stipulated judgment and proceed as uncontested. This saves significant time and money compared to going to trial.

Do I need a lawyer for an uncontested divorce?

No, but optional legal review is wise. California allows self-representation (pro se), and many people successfully complete uncontested divorces DIY using California Courts self-help resources. However, having an attorney review your settlement agreement ensures you understand the long-term implications and that the agreement is legally sound.

Make the Right Choice for Your Situation

The fundamental difference between uncontested and contested divorce comes down to agreement. If you and your spouse can work together to resolve all major issues—property division, custody, support—you'll save thousands of dollars and finish in half the time compared to going to court. Even if your case starts contested, pursuing settlement through mediation or negotiation dramatically improves outcomes.

For detailed guidance on California divorce procedures, visit the California Courts Divorce Self-Help page for official forms and instructions.