Quick answer: In an uncontested divorce the spouses are not fighting about the divorce or its terms, either because they agree in writing or because one spouse never responds. In a contested divorce at least one issue is disputed, so the case adds discovery, hearings and possibly a trial. Waiting periods apply to both.
On this page:
- Contested vs. uncontested at a glance
- What is an uncontested divorce?
- What is a contested divorce?
- How the timeline differs
- How the cost differs
- Can a divorce move from contested to uncontested?
- Which one is yours?
Contested vs. uncontested at a glance
| Uncontested divorce | Contested divorce | |
|---|---|---|
| Agreement | The spouses are not fighting about the divorce or its terms | At least one issue is disputed |
| How it starts | A petition, often with a written agreement attached | A petition, followed by a contesting answer |
| Information exchange | Limited, mainly the agreed terms | Discovery of income, assets and facts |
| Court involvement | Minimal; a judge approves the terms | Hearings, and a trial if settlement fails |
| Who decides the terms | The spouses | The spouses, or a judge on what remains |
| Waiting period | Still applies in many states | Applies, and the case runs longer |
What is an uncontested divorce?
The Legal Information Institute describes an uncontested divorce as one where the court grants the divorce without going through significant parts of the adversarial litigation process, because the parties are not fighting each other about the divorce itself or the terms of their separation. It can arise in two ways: the spouses agree in writing to resolve every dispute, or it arises by default when the defendant does not answer the summons or the parties agree to enter a default, so the judgment follows because there is no response.
The written agreement is usually a separation agreement, a voluntary agreement that can cover property division, alimony, child support and custody. States set their own procedures. In Georgia, for instance, the Institute notes that with written consent to a hearing a divorce can be granted 31 days after service or acknowledgment of service, and in an unanswered case 46 days after service.
What is a contested divorce?
A contested divorce is the opposite: the spouses cannot agree on the divorce or on one or more of its terms, such as custody, support or how property is divided. A disagreement on a single issue is enough. The undisputed parts can still be agreed, and the court decides only what remains. Disputed cases add discovery, the pretrial process of gathering information, and then hearings and possibly a trial. Questions that often drive a dispute are legal and physical custody, how alimony is calculated and what counts as marital property.
How the timeline differs
An agreed case has fewer steps, so it can move as soon as any waiting period ends. That waiting period does not disappear when you agree. Washington enters a decree only when 90 days have passed since filing and service, and Wisconsin holds the final hearing no earlier than 120 days after service or after a joint petition is filed. A contested case runs longer because each added stage has its own schedule. The Divorce Timeline Calculator shows the earliest legal date for your state in either case. For the full sequence of steps, see how divorce works, step by step.
How the cost differs
Cost follows the amount of work. An agreed case needs paperwork and a court approval; a contested case adds information exchange, motions, hearings and possibly trial, and each stage takes attorney time. There is no reliable national price, because fees depend on the state, the county and the lawyer, so we do not quote one here. What you can control is how much is left to dispute: the more issues you settle, the less is left to litigate. See what drives the cost of a divorce.
Can a divorce move from contested to uncontested?
Yes, and it moves the other way too. A settlement is an agreement that ends a dispute, so a contested case that settles ends by agreement. Spouses often get there through mediation, where a neutral person helps them negotiate but does not decide the case and the result is not binding unless they agree, or through collaborative law, where each side has a lawyer and the process ends if either side threatens to go to court. An uncontested case can turn contested if a spouse stops agreeing before the case is final. A default can also be undone if the absent spouse shows valid reasons for not responding.
Which one is yours?
If you and your spouse agree on the grounds, the children and the money, an uncontested route may fit, and the Property Division Calculator and Parenting Time Calculator help you test whether a proposed deal matches your state’s rules. If you disagree on any of them, plan for a contested case, and get advice early. Our family law calculators cover every state, and our methodology page explains how each figure is verified. For advice on your own case, talk to a licensed family law attorney in your state.