Contested vs. Uncontested

This is the most common way to classify divorces. 

  • Uncontested divorce means the spouses reach a mutual agreement on issues like how to divide assets and how much time each person spends with children. Uncontested divorces tend to be a faster and less expensive option.

  • Contested divorce is when the spouses are unable to reach an agreement. They may need to negotiate, mediate, or present their case to a judge to resolve these issues. Contested divorces are typically longer and more expensive, especially if they end up in court.

Most of the other types of divorce that we’re about to review can be either contested or uncontested, and you can begin a divorce process hoping for uncontested but realize it will be contested. 

An uncontested divorce happens either through an agreement before filing the divorce paperwork or shortly thereafter. 

The main way a divorce becomes contested is when one party files the initial paperwork to start the divorce case and the other side files their “Response” with the court.

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