What Is the Difference Between a Contested and an Uncontested Divorce?

Courts classify divorces, modifications, and other court petitions as “contested” or “uncontested.” An uncontested petition means the parties agree on all parts of the divorce, and the court does not need to address any issues. A contested petition includes at least one disputed factor. In many cases, they contain several areas where the parties do not agree.

For example, spouses may agree they both want a divorce. They may agree the father will keep the house, and the mother will retain primary custody of the children. However, they may not agree on questions related to visitation with the kids, splitting of assets, or if the situation warrants spousal support. The court would consider this a contested divorce.