The Difference Between Uncontested and Contested Divorce

Divorces can be uncontested or contested. The differences between the two can impact your timeline, cost, and control of the outcome.

Uncontested Divorce

In an uncontested divorce, both parties agree on all related issues, such as custody and parenting time, child and spousal support, and distribution of assets. The process requires the filing of a written settlement, known as a property settlement agreement or marital settlement agreement, signed by both parties.

Because uncontested divorces can be settled through a single court appearance or by filing the appropriate paperwork, they can be faster and less expensive than a contested divorce. This process can also be a less stressful and more private means for ending a marriage. And since the parties agree on the terms, they control the conditions of the court-approved divorce order.

Contested Divorce

Contested divorces, on the other hand, are those where spouses disagree on one or more related issues. Those issues include allegations stated in the grounds for divorce, custody matters and parenting time, child support or alimony issues, equitable distribution of property and assets, or other similar matters.

The procedure for a contested divorce involves one party filing a complaint and having papers served on the other party. Once all required paperwork has been filed, the court will schedule necessary conferences or procedures, giving the couple additional opportunities to reach agreement before court intervention. These can include case management conferences, custody or parenting time mediation, parent education workshops, economic mediation for matrimonial settlement, and discovery or the exchange of information and documents the court will use to rule on the divorce. If agreement still cannot be reached, a Family court judge decides the terms of the divorce order.

Depending on the complexity of the case and how far apart the couple is in reaching agreement, contested divorces can take several months or longer to be finalized. The timeline and cost associated with a contested divorce depend on the specific details of each individual case.

It is not unusual, however, for a divorce to start out as contested yet be finalized without a full trial as couples reach agreements throughout the process. In fact, up to 90% of contested divorce cases in New Jersey turn out this way.

It is advisable that each party in a divorce, whether it is contested or uncontested, has his or her own legal representation. A qualified Family Law attorney can guide you through the process and help ensure your needs are met and your rights protected.