What is the Difference between Contested and Uncontested Divorce?


In the majority of states, there are two kinds of divorce. They are contested and uncontested. Depending on the kind of divorce that is filed and the jurisdiction in which it is filed, there may be variations in the time needed to obtain a divorce, requirements with respect to residency, legal fees and court costs. Therefore, spouses who are contemplating divorce should become informed about the differences between the two types of divorce.

In a contested divorce, the spouses are unable to reach an agreement on one or more important issues in order to end their marriage. As a result, they are required to request that a court settle their conflict. Contested divorces are prevalent now, particularly because there are several issues that need to be resolved during the process of dissolving the marriage. Among the issues that need to be settled during a contested divorce are child custody, child support, property division, asset distribution, debt allocation, alimony and temporary spousal support.

In an uncontested divorce, which is sometimes called a simple divorce, the couple agrees on all issues needed to officially terminate their marriage. However, this is different from an amicable divorce. An uncontested divorce means that all unresolved issues were decided out of court.

Because uncontested divorces occur more quickly, and are less expensive than, contested divorces, they are preferred by most couples. In addition, it is not necessary to hire a lawyer to obtain an uncontested divorce, even though they are frequently used. However, either spouse can file a petition for divorce without the help of an attorney.

When there is a minor child involved in an uncontested divorce matter, the case is referred to that part of the court that handles child custody issues, including which parent is to have custody, the type of custody that is in the best interest of the child, and the amount of child support that is awarded. In the event that either parent makes an objection to the ruling, the divorce becomes contested.


If you are thinking of filing for divorce, call the divorce attorneys at Rudnick, Addonizo, Pappa & Casazza. They will help you address any relevant issues, and will spend time answering whatever questions you may have about the divorce process.