What is the difference between Uncontested and Contested Divorce?

Uncontested divorce is often referred to as or nicknamed “simple” divorce. An uncontested divorce simply means that both parties agree to terminate their marriage, agree to all division of property, child support, alimony (spousal support), all divisions of financial obligations, child visitation, etc. The short definition of Uncontested Divorce simply means that there are no objections of either party and all paperwork can be drafted by an attorney, presented to the Court for review and wait for final approval from the Judge. Most couples express a desire for this type of divorce because it is quick, simple, convenient, private and usually less expensive than Contested Divorce.

Contested divorce is much more complicated. This type of Divorce occurs when the parties cannot agree on all issues required to complete the divorce process. Generally, when the attorneys are unsuccessful helping the parties reach an agreement, they will be referred by the court to attend a mediation session. The purpose of mediation is to have an impartial third party to hear both sides and present each person’s concerns in a way that will help negotiate an agreement. It is not is not uncommon for couples to not reach a full agreement at mediation. If a full agreement still cannot be reached with the help of a Court approved mediator and attorneys, you will be given a Court date to appear in Court for the Judge to make a final determination of the terms of your divorce that could not be agreed upon before your Court date.

Please remember, this article is merely meant for guidance and information purposes. It is NOT intended as legal advice nor does it establish attorney/client relationship or privilege.