Contested vs. Uncontested Divorce
A divorce is uncontested when both spouses agree to end the marriage and agree on all major issues, such as property, support, and custody. It is contested when they disagree about one or more issues, and the court then schedules steps such as mediation, discovery, and possibly trial. Uncontested cases generally finish faster, but any state waiting period still applies.
What the law says
- New Jersey's courts say a divorce is contested when spouses disagree about one or more issues, and uncontested when both agree to end the marriage and agree on all major issues. New Jersey Courts Self-Help, Contested and Uncontested Divorces
- In a New Jersey uncontested divorce, the couple prepares a joint property settlement agreement covering custody, parenting time, child support, alimony, and property and debt, signed by both and notarized. New Jersey Courts Self-Help, Contested and Uncontested Divorces
- In a New Jersey contested divorce, the court schedules events such as case management conferences, custody mediation, parent education, early settlement panels, and discovery. New Jersey Courts Self-Help, Contested and Uncontested Divorces
- California describes four ways to finish: a true default, a default with a written agreement, an uncontested case with a response and written agreement, or a contested case where the parties go to trial. Judicial Council of California, Form FL-107-INFO, Legal Steps for a Divorce or Legal Separation
- In California, if a spouse doesn't file a Response within 30 days after being served, the other spouse can ask for a default. California Courts Self-Help, Default in a divorce or legal separation
- In Utah, if contested issues remain after a response is filed, the parties must take part in at least one mediation session, unless excused for good cause. Utah Code § 81-4-403
- Alaska's uncontested divorce requires both spouses to agree on all issues and sign the forms; if they don't, either spouse may file a regular complaint for divorce. Alaska Court System, DR-30, Instructions for Uncontested Divorce Without Children
- New Jersey's courts say you cannot appeal a decision from an uncontested divorce; a contested-case appeal must be filed within 45 days of the final decision. New Jersey Courts Self-Help, Appealing a contested divorce case
- Even when spouses agree on everything, Colorado's 91-day waiting period still applies. Colorado Judicial Branch, JDF 1010, How to File for Divorce or Legal Separation
- In Colorado, couples without children who have reached a full agreement may be able to file a Decree Without Appearance, stating a hearing is not needed. Colorado Judicial Branch, JDF 1010, How to File for Divorce or Legal Separation
FAQ
Which is faster?
Generally uncontested. New Jersey's courts say a contested divorce can take several months or longer, while an uncontested one can be completed in much less time.
What if my spouse never responds?
In California, if your spouse doesn't respond within 30 days after being served, you can ask for a default and the court can decide without hearing from them.
Can a contested case become uncontested?
California's courts say spouses may resolve some or all issues themselves by putting their agreement in writing and filing it in the case, as long as it follows legal requirements.
Do we need to go to court for an uncontested divorce?
It depends on the state. In Alaska's uncontested divorce, the court sets a hearing that both spouses must attend.
Related
- Do I Need a Lawyer for a Divorce?
- How Long Does a Divorce Take?
- How Much Does a Divorce Lawyer Cost?
- How to File for Divorce, Step by Step
- Is Child Support Taxable?
- Joint vs. Sole Custody: What's the Difference?
- What Is a Divorce Decree?
- What Is Common-Law Marriage?
- What Is a No-Fault Divorce?
- Who Claims the Child on Taxes After Divorce?
- Divorce & Family Law by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.