Going through a divorce is tough, but understanding the process can make it less stressful. One of the biggest decisions you’ll face is whether your divorce will be contested or uncontested. Knowing the difference can help you figure out what to expect and how to move forward. In this guide, we’ll break down contested vs uncontested divorce so you can choose the best option for your situation.
What Is a Contested Divorce?
A contested divorce happens when a couple can’t agree on one or more parts of their divorce. This might include things like:
Splitting up property and debts
Deciding who gets custody of the kids and how visitation works
Figuring out child support or spousal support (alimony)
When there’s disagreement, a judge steps in to make the final call. This means going to court, which can take a while and cost a lot of money.
Why People Choose a Contested Divorce
You need a clear resolution. If you and your spouse don’t agree on big issues, a judge can make decisions for you.
Legal protection. A contested divorce ensures all parts of the case are handled legally and fairly.
Downsides of a Contested Divorce
It takes longer. Court cases can drag on for months or even years.
It’s expensive. Lawyer fees and court costs add up quickly.
It’s stressful. Going through a legal battle can make an already tough time even harder.
What Is an Uncontested Divorce?
An uncontested divorce is when both spouses agree on all the major details of their separation. This includes who gets what, how to handle child custody, and any financial support. Since there’s no fighting over the details, uncontested divorces are usually faster, cheaper, and less stressful.
Why People Choose an Uncontested Divorce
It’s affordable. Fewer legal fees mean less strain on your wallet.
It’s quick. Without court hearings, divorces can be finalized in just a few weeks or months.
It’s peaceful. Working together makes the process less emotional.
Downsides of an Uncontested Divorce
It might not fit complicated cases. If you have a lot of assets or major disagreements, this route might not work.
No court review. If the agreement feels unfair later, you may not have many options to change it.
The Key Differences Between Contested vs Uncontested Divorce
Divorce can be a tough process, emotionally and practically. One of the first decisions you’ll face is whether your divorce will be contested or uncontested. The main difference lies in how much you and your spouse can agree on the terms of your separation. Let’s break this down and dive into the specifics, including New York laws, examples, and answers to common questions.
1. Agreement Level
The biggest factor in determining whether your divorce is contested or uncontested is how much you and your spouse agree on key issues like property division, custody, and support.
Uncontested Divorce
An uncontested divorce happens when both spouses agree on all major terms. This eliminates the need for a court to decide any issues, making the process simpler.
Key Features of Uncontested Divorce:
Agreement on how to divide property and debts.
A shared plan for child custody and visitation.
Mutually agreed-upon terms for child support or spousal support.
Example: Sarah and John decide to end their marriage. They agree to sell their home and split the proceeds equally. Both are on the same page about joint custody for their two kids, and they also agree on child support payments. Since they worked out all the details, they file an uncontested divorce, which is finalized in just a few months without ever stepping into a courtroom.
In New York Law: Under New York’s Domestic Relations Law §170, an uncontested divorce can be based on “irretrievable breakdown” of the marriage for at least six months, as long as all terms are agreed upon. This streamlined process avoids lengthy court involvement.
Contested Divorce
A contested divorce occurs when spouses disagree on one or more terms, requiring the court to step in and make decisions.
Key Features of Contested Divorce:
Disputes over property division, child custody, or financial support.
Involves court hearings and, sometimes, a trial.
A judge ultimately resolves unresolved issues.
Example: Emily and Mark can’t agree on whether to sell their family home or let one spouse keep it. Mark wants to stay in the home, but Emily feels it should be sold, and the money split equally. Their disagreements lead to a contested divorce, which requires a judge to decide the matter.
In New York Law: Contested divorces often fall under the equitable distribution laws in New York. This means the court divides marital property based on fairness rather than a 50/50 split, taking into account factors like each spouse’s income, contributions to the marriage, and future financial needs.
2. Time and Cost
How long your divorce takes—and how much it costs—depends largely on whether it’s contested or uncontested.
Uncontested Divorce
Because there’s no disagreement, uncontested divorces are faster and less expensive.
Timeframe: In New York, an uncontested divorce can be finalized in as little as three months if all paperwork is correctly filed and there are no delays.
Costs: With fewer legal fees, uncontested divorces are more affordable. Many couples spend under $2,000 if they handle paperwork efficiently.
Example: A couple hires a single attorney to draft their divorce agreement and file it with the court. There’s no need for additional hearings or back-and-forth negotiations, keeping their costs low and the timeline short.
Contested Divorce
Contested divorces take longer and are more expensive due to court hearings and legal fees.
Timeframe: Contested divorces in New York often take over a year, especially if multiple hearings or a trial are needed.
Costs: Legal fees for each spouse, court costs, and even fees for professional witnesses (like appraisers or child psychologists) can quickly add up. It’s common for contested divorces to cost $20,000 or more.
Example: A couple disputes child custody and spousal support. Both hire attorneys and attend multiple court hearings over the course of a year. The final divorce costs each spouse tens of thousands of dollars.
3. Stress Level
Divorce can be emotionally taxing, but the level of stress often depends on how much conflict is involved.
Uncontested Divorce
Uncontested divorces are typically less stressful because they involve cooperation rather than conflict.
Why It’s Less Stressful:
No court battles or heated arguments.
Both parties maintain control over the terms.
Often feels more like a collaboration than a fight.
Example: A couple works with a mediator to sort out custody and property arrangements. By staying focused on a peaceful resolution, they avoid the emotional toll of courtroom drama.
Contested Divorce
Contested divorces often involve significant stress, particularly when children or high-value assets are involved.
Why It’s More Stressful:
Ongoing arguments and court battles can create tension.
The process can feel unpredictable and overwhelming.
The emotional toll often extends to children and family members.
Example: A couple fights over custody in court, with each parent accusing the other of being unfit. The emotional stress impacts their mental health and their ability to co-parent effectively after the divorce.
Common Questions About Contested and Uncontested Divorce
Q: Can I file for an uncontested divorce if we don’t agree on everything at first? A: Yes! You and your spouse can start with mediation to work out your differences. If you reach an agreement, you can proceed with an uncontested divorce.
Q: What happens if we agree on everything except child custody? A: This would typically make your divorce contested. However, you could try mediation or collaborative law to resolve custody disputes without going to court.
Q: Are uncontested divorces always faster? A: Usually, yes. But delays can happen if paperwork is incomplete or if one spouse changes their mind about the agreement.
Q: How is property divided in a contested divorce in New York? A: New York follows “equitable distribution” laws, meaning property is divided based on what’s fair, not necessarily equal. Factors like income, contributions to the marriage, and future needs are considered.
Choosing between a contested and uncontested divorce depends on your unique situation. If you and your spouse can agree on major issues, an uncontested divorce will save time, money, and stress. But if disagreements arise, a contested divorce ensures that a judge will help resolve the issues fairly.
What to Think About: Uncontested vs Contested Divorce
Here are some questions to ask yourself when deciding which type of divorce might work best for your situation:
Can You Communicate with Your Spouse?
If you can have respectful conversations and work together to resolve issues, an uncontested divorce is likely the best option. If not, a contested divorce may be unavoidable.Is Your Case Simple or Complex?
Do you own significant assets like businesses, properties, or investments? Do you have complicated custody or support issues? Complex cases often require the oversight of a judge, making contested divorce necessary.What Is Your Budget?
Legal fees can add up quickly in contested divorces. If cost is a concern, try to resolve as many issues as possible outside of court.Have You Considered Legal Advice?
Even in an uncontested divorce, it’s a smart idea to consult a lawyer to make sure your agreement is fair and legally sound.
Real-Life Example: How New York Laws Apply
New York allows for both contested and uncontested divorces, and the process is tailored based on the situation. Here’s how the law works:
Uncontested Divorce in New York:
If both spouses agree on all terms, they can file for an uncontested divorce. They must complete the necessary paperwork, including a Settlement Agreement that outlines the terms. As long as all forms are submitted correctly and the couple meets residency requirements, the divorce can be finalized without court appearances.Contested Divorce in New York:
If there’s a disagreement, the process begins with filing for divorce and serving papers to the other spouse. From there, court hearings, discovery (gathering information like financial records), and sometimes a trial may follow.
Uncontested vs. Contested Divorce: Which One Should You Choose?
Deciding between a contested and uncontested divorce requires understanding your specific situation and what’s most important to you. Let’s expand on the factors in more detail to help you make an informed decision:
Can You Agree on Key Issues?
This is the most important question. Key issues include dividing property, determining child custody, setting up child or spousal support, and handling debts.
Uncontested Divorce:
If you and your spouse can agree on all major issues, an uncontested divorce is likely the way to go. It simplifies the process, allowing you to finalize the divorce without court intervention.Example: A couple with no children and a clear agreement on splitting their property can quickly settle through an uncontested divorce.
Contested Divorce:
If there are disagreements on any major point, a contested divorce is necessary. A judge will resolve the disputes, which could involve lengthy court proceedings.Example: A couple fighting over who gets the family home may need a contested divorce to determine ownership through legal arguments.
How Much Time Can You Invest?
The amount of time you can commit to the process often determines which type of divorce is right for you.
Uncontested Divorce:
These divorces are typically much faster. With proper agreement and paperwork, they can be completed in as little as 3-6 months in many cases.Example: A couple filing an uncontested divorce in New York might only need to wait for the court to process their paperwork before it’s finalized.
Contested Divorce:
Contested divorces can take significantly longer due to court hearings, negotiations, and even trials. These can drag on for months or even years, depending on the complexity of the case.Example: A couple disputing the value of shared assets like real estate may require appraisals, multiple hearings, and mediation sessions, extending the timeline.
What Is Your Budget?
Divorce costs can vary significantly depending on the type of divorce and the level of complexity.
Uncontested Divorce:
These are more affordable because they involve fewer legal fees, no extended court hearings, and less administrative work.Cost Range: Typically $1,500–$5,000, depending on attorney involvement and state filing fees.
Contested Divorce:
The costs rise significantly for contested divorces because of attorney fees, court costs, and additional expenses like hiring financial professionals or mediators.Cost Range: $10,000–$50,000 or more, depending on the number of disputes and duration of the case.
Real-Life Consideration: In New York, the median cost of a contested divorce is approximately $17,000 but can go higher if custody battles or high-value assets are involved.
Are Emotions Running High?
Your emotional state and relationship dynamics with your spouse also play a big role in deciding which path to take.
Uncontested Divorce:
If you and your spouse can keep emotions in check and communicate effectively, an uncontested divorce can reduce stress and allow for a cooperative resolution.Example: A couple who wants to maintain a positive co-parenting relationship may benefit from working together on an uncontested divorce.
Contested Divorce:
If emotions are high—such as anger, betrayal, or mistrust—it can be difficult to reach an agreement without court intervention.Example: A spouse who feels they were cheated out of their fair share of marital assets may insist on a contested divorce to ensure their interests are protected.
Additional Considerations
When choosing between a contested and uncontested divorce, keep these extra points in mind:
Children’s Needs:
If you have children, their well-being should be a top priority. While uncontested divorces often minimize emotional stress for kids, a contested divorce may be necessary if there are disputes about custody or parenting plans.Example: If one parent wants sole custody and the other insists on joint custody, this disagreement may require a judge’s involvement.
Legal Complexity:
High-net-worth divorces or those involving significant debt, businesses, or prenuptial agreements often require the structure of a contested divorce.Future Flexibility:
An uncontested divorce offers quicker closure, but ensure the terms are fair. You may not have the opportunity to renegotiate easily later without additional legal action.
By evaluating these factors carefully, you can decide on the best approach for your situation. If you’re unsure, consulting with an experienced family law attorney can help clarify your options and guide you toward the best path forward.
How Krasner Law Can Help
Whether you’re considering an uncontested divorce or bracing for a contested one, having the right legal team makes all the difference. At Krasner Law, we’re here to guide you through every step of the process. Our team knows how emotional divorce can be, and we’re committed to helping you find the best solution for your situation.
With our personalized approach and experience in family law, we’ll work with you to make sure your divorce is handled professionally and compassionately.
Final Thoughts: Contested vs Uncontested Divorce
Deciding between a contested and uncontested divorce isn’t easy, but understanding the differences can help you make the best choice for your future. Both options have their pros and cons, so it’s important to think carefully about what works for you.
If you’re ready to move forward, contact Krasner Law today. We’re here to help you navigate this challenging time and get the resolution you deserve.