Uncontested vs Contested Divorce

The difference between an uncontested divorce and a contested divorce is simple: agreement. If you and your spouse agree on every major issue - property, debt, parenting time, and support - you can file uncontested. If you disagree on even one major issue, your case becomes contested. That single distinction changes the timeline, cost, paperwork, and stress level of the divorce process.

This guide explains the practical differences, outlines when each track makes sense, and shows how to choose the right path. For state-specific details, review guides like California uncontested vs contested divorce, Texas uncontested vs contested divorce, or New York uncontested vs contested divorce.

Quick Comparison

What Makes a Divorce Uncontested?

An uncontested divorce means you and your spouse agree on every material issue and can present a complete settlement to the court. Most states require a written settlement agreement, often called a Marital Dissolution Agreement (MDA) or Marital Settlement Agreement (MSA), and, if there are children, a parenting plan and child support worksheet.

• Property and debt: You agree on who gets what and who pays which debts.
• Parenting plan: You agree on custody and parenting time (if applicable).
• Support: You agree on child support and spousal support terms.
• Final decree: You submit a proposed decree the judge can sign quickly.

Waiting periods vary by state. Texas requires a 60-day minimum under Texas Family Code Chapter 6, California has a six-month waiting period from service under California Courts Self-Help, and New York relies on a specific set of uncontested filing packets through NY Courts. The waiting period is unavoidable, but good paperwork can keep the rest of the timeline short.

What Makes a Divorce Contested?

A divorce is contested when the spouses cannot reach agreement on one or more major issues. That could be custody, support, property division, or even the legal grounds for divorce in some states. Contested cases require discovery, motion practice, and often mediation before trial.

• Discovery: Exchange of financial documents, interrogatories, and depositions.
• Temporary orders: The court may issue temporary custody or support orders.
• Mediation: Many courts require mediation before a final hearing.
• Trial: If no settlement, the judge decides outstanding issues.

Timeline Differences (With Real-World Examples)

Even uncontested divorces are not instant. Every state has minimum waiting periods or procedural steps. Texas requires a 60-day waiting period in most cases, California has a six-month waiting period, and many states require parent education courses when children are involved. Once those minimums are met, an agreed case can wrap up quickly.

Contested cases usually extend far beyond statutory minimums. Discovery schedules, mediation sessions, court calendars, and expert evaluations commonly push contested cases to 9-18 months or longer depending on the issues and court congestion.

Cost Differences

Uncontested cases typically involve filing fees, service fees, and limited attorney time for document review or drafting. Contested cases often require extensive attorney involvement, expert valuations, and multiple court appearances. The best way to control costs is to reach agreement on as many issues as possible early in the process.

If you're budgeting, use a calculator to estimate your base costs and then adjust for factors like mediation, appraisals, or trial preparation. The biggest driver of cost is usually the number of disputed issues.

Paperwork and Process Differences

Uncontested divorces focus on a clean, complete packet: a petition, a settlement agreement, and a final decree. Contested divorces add layers of paperwork - motions, financial affidavits, discovery responses, pretrial statements, and trial exhibits.

If you have children, expect additional paperwork in both tracks. Parenting plans and child support worksheets are mandatory in most states. Florida, for example, requires a parenting plan and follows statewide guidelines explained by Florida Courts.

How to Choose the Right Track

• Choose uncontested if: You agree on property, parenting, and support, and can document the agreement in writing.
• Expect contested if: You disagree about custody, support, major assets, or if there is mistrust about financial disclosure.
• Consider mediation: Mediation can convert a contested case into an agreed settlement before trial.
• Plan for children: Parenting plans and child support calculations are required even in uncontested cases.

Frequently Asked Questions

Can a contested divorce become uncontested? Yes. Many contested cases settle during mediation or after discovery. If you reach agreement, you can submit a settlement and avoid trial.

Is an uncontested divorce always cheaper? Usually, yes. Fewer hearings and less attorney time reduce costs. The exception is when a rushed agreement leads to unfair outcomes, which can create expensive post-decree disputes.

Do I need a lawyer for an uncontested divorce? Some couples handle uncontested cases themselves, but a limited-scope attorney review can prevent costly mistakes, especially with real estate, retirement accounts, or parenting plans.