I have had the question asked many times, “what is the difference between an uncontested divorce and a contested divorce?” Well, there is a big difference between the two. An uncontested divorce is just what is sounds like, no opposition to the terms of the divorce agreement. In other words, both of the parties agree on all issues, such as division of all marital assets, including real and personal property, child custody, child support, visitation, and the like, leaving nothing to be resolved by the Court. As a result, an uncontested divorce is usually a lot less expensive and typically does not require the parties to appear in court. An uncontested divorce does not take very long to finalize.

On the other hand, a contested divorce is where the parties do not agree on all issues, even if it is only one issue, which results in the necessity of the Court making the determination on the issue(s) in dispute. A contested divorce usually requires multiple filings, discovery requests, multiple Court hearings, usually an attempt at mediation, and ultimately a trial, at which the Judge will make a ruling on all pending disputed issues. A contested divorce is generally significantly more expensive, particularly if it is complex. A contested divorce can involve subpoenas, experts, depositions, as well as many other related expenses. Lastly, a contested divorce can take many months even years to finalize. Be sure where you stand if considering a divorce.