Differences between Uncontested and Contested Divorce

A case is considered "uncontested divorce" if the parties resolve the case through a negotiated settlement after the Response is filed. In this case, the parties usually don't even need to go to court. They simply sign a Marital Settlement Agreement or Stipulation for Judgment, which is then incorporated into the Judgment and submitted to the court. This doesn't mean that the issues were resolved easily or quickly, but it does mean both parties were able to agree on custody, support, maintenance and the division of assets and liabilities.

Typically an uncontested divorce can take from six months to a year to complete. If it's a contested divorce, the amount of time depends on the case's complexity, but it can take at least a year, possibly two or three.

Judgment for Dissolution of Marriage

If the judge finds everything in order, he or she will either sign a Judgment for Dissolution of Marriage immediately, or set a new date for you to return for the Judgment.

If one or more of the issues can't be settled, then the case is "contested." A contested divorce must go to trial before a judge. This happens when spouses are unable to agree on one or more important issues -- often relating to property or custody -- and they are asking the judge to make a decision for them.

This should be your last resort, because you're then putting your fate in the hands of a busy judge, and you're stuck with whatever the judge decides. For instance, the judge may divide your property 50/50, but you may not get the 50% you want. And a judge may not look at the tax ramifications of his or her decision, so your settlement might end up costing you a lot of money.

In most cases, divorce should be handled in an uncontested manner.

Some of the most common reasons for contesting a divorce include:

* The hopes of reconciliation. One spouse wants the marriage to continue for emotional, financial, social, or health reasons.

* Revenge. One spouse is using this as an opportunity to hurt or annoy the other by dragging the divorce process out as long as possible.

* Religious beliefs. One spouse's religion doesn't recognize or sanction divorce.


Even when the relationship between husband and wife is strained or adversarial, contested divorces are a rarity in today's legal system. Although some experts believe there are some emotional and psychological benefits to going to trial (such as psychological vindication and economic rewards if you "win"), most recognize that couples who end up in court ultimately lose sight of the family's long-term interests, inflict additional pain on themselves and their children and greatly increase their legal costs.

Remember that although you may be able to successfully dissolve your marriage, you do not want to carry over problems that could have been avoided by choosing to follow through with an uncontested divorce. For specific differences please check your own State or Provinces policies.