All Laws Decoded

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

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

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.