Family & Safety

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What is a contested or uncontested divorce?

A contested divorce is when the couple cannot agree on something relating to the divorce, including whether the couple should get a divorce. A contested divorce can take more than 18 months to be resolved. Disagreements in a contested divorce may include:

  • Whether to get a divorce
  • Where the children should live
  • Where a companion animal should live
  • How much child support should be paid
  • How property should be split up
  • Who should pay certain debts
  • Whether "maintenance " or spousal support (alimony) should be paid

An uncontested divorce is when both spouses agree on all of these issues. A judge must still approve the agreement. The terms must be reasonable and cover the support of the children. If one spouse files for divorce and the other does not reply by filing an Appearance and Answer, it will be an uncontested divorce. The case will go on without the other spouse, and the court will make decisions based on what the first spouse says. 

At the end of a divorce case (whether contested or uncontested), a judge will issue an order called a "decree," or "judgment ," which officially ends the marriage. The divorce judgment will cover the issues below:

  • Children
  • Property and pets
  • Marital debt
  • Spousal support
     

Last full review by a subject matter expert
June 29, 2023
Last revised by staff
July 03, 2023

Worried about doing this on your own?  You may be able to get free legal help.