Contested Divorce

A contested divorce is a divorce proceeding in which the spouses cannot reach full agreement on one or more key issues and requires a court to resolve the disputed matters. It stands in contrast to an uncontested divorce, where both parties agree on all terms before filing.

A contested divorce occurs when spouses need help resolving major aspects of the divorce proceedings, such as the following:

• Child custody
• Child support
• Property division
• Alimony (also called spousal support)

If spouses still can’t reach an agreement after mediation, a court can step in to resolve these disputes. The benefit of a contested divorce vs. an uncontested one is that courts can offer spouses a definitive legal route to settle complex issues that may otherwise be emotionally fraught or subject to extended back-and-forth discussions. Both parties will have the opportunity to make their case in front of a neutral judge, which may lead to a fairer conclusion.

However, the contested divorce process will likely cost more time and money compared to an uncontested divorce. It's smart to consult an attorney before filing a divorce petition. A divorce lawyer can offer advice on how to proceed, help you gather evidence that may make it easier to negotiate a settlement, and offer legal representation should your case go to trial.

How a contested divorce works

When one spouse files for divorce and the other disputes one or more key terms, such as property division, child custody, or spousal support, the case generally proceeds as a contested divorce through the court system. The court generally establishes deadlines for financial disclosures, evidence gathering (discovery), and settlement efforts before trial.

Although the process varies by state and court, a contested divorce may involve the following stages:

• Filing and service: One spouse files a divorce petition, and the other spouse receives formal notice and may file a response.
• Temporary orders: The court may issue temporary orders involving parenting arrangements, child support, spousal support, or property use while the case is pending.
• Discovery: The spouses exchange financial records, asset valuations, and other relevant documents.
• Mediation or settlement efforts: Many courts require the parties to attempt mediation before proceeding to trial.
• Trial: If the spouses cannot resolve every issue, a judge hears evidence and decides the remaining disputes.
• Final decree. The court enters a judgment that legally dissolves the marriage and resolves all disputed matters.

Common scenarios

Contested divorces tend to arise around a specific set of recurring disputes. These are the most common circumstances that push a divorce out of agreement and into court.

• High-asset marriages. Spouses dispute the value or division of real estate, business interests, retirement accounts, or investment portfolios.
• Child custody disagreements. Spouses submit conflicting requests for sole or joint custody, or cannot agree on a parenting schedule.
• Spousal support disputes. One spouse contests the amount, duration, or eligibility for alimony.
• Hidden or disputed assets. One spouse suspects concealed income or property, which requires formal discovery.

Contested vs. uncontested divorce

An uncontested divorce occurs when both spouses agree on all terms before or shortly after filing. The court reviews and approves the agreement without a trial, making the process faster and less costly.

Even a single disagreement, such as the value of a retirement account, can shift a divorce from uncontested to contested. Some divorces begin as contested and later settle, effectively converting to an uncontested resolution before trial.

Related terms

These terms connect to several family law concepts that determine what issues are in dispute and how they get resolved.

• Uncontested divorce: A divorce in which both spouses agree on all terms without requiring court intervention.
• Spousal support (alimony): Court-ordered financial support paid by one spouse to the other following divorce.
• Child custody: The legal arrangement governing where a child lives and how parental decision-making is shared after divorce.
• Marital property: Assets and debts acquired during a marriage that are subject to division in a divorce proceeding.
• Mediation: A voluntary process in which a neutral third party helps parties negotiate a settlement outside of court.

FAQs on contested divorce

Can a contested divorce become uncontested after filing?

Yes. Many contested divorces resolve through negotiation or mediation before trial. Once the parties reach a settlement, they submit an agreement, and the court finalizes the divorce without a full evidentiary hearing.

What if one spouse refuses to participate?

If a properly served spouse fails to respond within the court’s deadline, the filing spouse can request a default judgment, allowing the court to grant the divorce based on the available evidence and the petitioner’s filings. Non-participation does not prevent the divorce from proceeding.

Is it possible to settle some issues while leaving others for a judge?

Yes. Parties can resolve individual issues through negotiation and submit those agreements to the court, reserving only remaining disputes for trial. This partial settlement approach can reduce the time and cost of litigation.

How much does a contested divorce cost?

The cost of a contested divorce can vary widely based on factors like how long the divorce proceedings last, where you live, and legal fees. Attorney and court fees, expert witness costs, custody evaluations, and divorce mediation can all affect how much you spend on a contested divorce. 

How long does a contested divorce take?

The contested divorce process could take months to years depending on several factors. For example, court scheduling, state divorce laws, and each party's willingness to negotiate can all impact the length of divorce proceedings.