What is the difference between contested and uncontested divorce?

Detailed Answer

In an uncontested divorce, both spouses have reached agreement — typically through negotiation or mediation — on every family law issue: how property will be divided, whether support will be paid and at what amount, and how children will be cared for. The agreement is formalized in a separation agreement. The divorce application then proceeds as an administrative matter, without a trial.

In a contested divorce, one or more issues cannot be resolved by agreement. The matter proceeds through the family court process: Application, Case Conference, Settlement Conference, Trial Management Conference, Trial. A judge hears evidence from both sides and makes final orders.

Most family law cases begin as contested and settle before trial — usually at the settlement conference stage. The settlement conference is a meeting before a judge who reviews the positions of both parties, identifies the strengths and weaknesses of each side case, and makes recommendations. Many cases that seem destined for trial resolve at this stage.

The distinction matters practically because of cost and time. An uncontested divorce can be resolved in 4 to 8 months at a fraction of the cost of a trial. A contested divorce can take 2 to 3 years and cost tens of thousands of dollars in legal fees.

Contact Miao He at 647-930-6688 to discuss which path applies to your situation.