Contested and Uncontested Divorce Compared
| Factor | Uncontested divorce | Contested divorce |
|---|---|---|
| Whether spouses agree | The spouses have resolved all issues needed for judgment. | One or more issues remain unresolved. |
| Court involvement | The court reviews the agreed paperwork and proposed orders. | The court may also be asked to make temporary or final decisions on disputed issues. |
| Hearings | A contested hearing or trial is often unnecessary when the submitted paperwork is sufficient, although court requirements vary. | Motions, settlement conferences, evidentiary hearings, or trial may be needed, depending on the disputes. |
| Attorney roles | An attorney may advise a client, review terms, or prepare settlement and judgment documents within the agreed scope. | Attorneys may negotiate disputed issues, conduct discovery, and advocate for their respective clients in court. |
| Paperwork | The package generally centers on required disclosures, a written agreement, judgment forms, and applicable attachments. | The case may also require discovery, requests for orders, hearing papers, and either a later settlement or trial-related documents. |
| General timing | Agreement can reduce litigation steps, but statutory waiting periods and court processing still apply. | Unresolved issues and additional proceedings commonly make the case take longer. |
| Cost structure | Defined agreement-based work may sometimes be offered for a flat fee or other limited scope. | Litigation is commonly billed based on attorney time and can become more expensive as proceedings expand. |
| Control over the outcome | The spouses shape the agreed terms, subject to applicable law and court approval. | A judge decides issues the spouses do not resolve themselves. |
| Can the case later become uncontested? | It is already proceeding on fully agreed terms. | Yes. If every remaining issue is resolved, the parties may submit an agreement and proceed without a trial on those issues. |
What Makes a Divorce Uncontested?
An uncontested divorce occurs when both spouses are able to reach agreement on all of the issues that must be resolved in the case. This typically includes matters such as the division of property and debts, child custody and visitation, child support, and spousal support.
When spouses reach a full agreement, the terms of that agreement are usually written into a marital settlement agreement or stipulated judgment, which is then submitted to the court for approval.
Uncontested divorces often proceed more efficiently because the parties are not asking the court to decide disputes between them. Instead, the court's role is generally limited to reviewing the paperwork and entering the final judgment once all legal requirements have been satisfied.
What Makes a Divorce Contested?
A divorce is considered contested when the spouses are unable to agree on one or more issues. In those situations, the court may need to become involved in resolving the disagreements.
Contested cases may involve negotiations between the parties, mediation, court hearings, or in some cases a trial where a judge decides the unresolved issues. Because these additional steps may be required, contested divorces often take longer and can involve more legal proceedings.
Can a Contested Case Become Uncontested?
It is also common for a divorce to begin with disagreements but later become uncontested. As the case progresses and the parties exchange financial information or participate in settlement discussions, they may ultimately reach an agreement on the remaining issues.
When that happens, the parties can submit their agreement to the court and proceed toward finalizing the divorce without further litigation.
Can Spouses Agree on Some Issues but Not Others?
Yes. Spouses may agree on property but disagree about support, or resolve a parenting schedule while another financial issue remains open. A partial agreement can narrow the dispute, but the case remains contested until every issue required for judgment is resolved or decided.
Agreed terms should be stated clearly, and the final paperwork must account for both the resolved issues and the procedure used to decide anything that remains.
When Is Simplified Separation an Appropriate Fit?
Simplified Separation focuses on agreement-based uncontested divorce paperwork. It does not handle contested divorce litigation, contested hearings, or trials.
The service may be appropriate after the spouses have reached agreement or are sufficiently close to agreement for an uncontested process. Learn about California uncontested divorce attorney help and review how an agreed divorce moves from filing to judgment.