Types of Divorce: What to Know

Divorce is never easy, but the path you take can make a big difference in terms of time, cost, and emotional strain. When ending a marriage, couples usually face one of two options: an uncontested divorce or a contested divorce. Understanding the difference between the two can help you decide what’s best for your situation—and when it might be time to consult a divorce lawyer.

An uncontested divorce happens when both spouses agree on all major issues related to ending the marriage. This includes decisions about property division, child custody, child support, and alimony. Because there’s no legal battle, uncontested divorces are typically faster, less expensive, and less stressful.

Couples who choose this route often find that it allows them to move forward more peacefully. However, even in uncontested cases, it’s wise to work with a divorce lawyer to ensure all agreements are legally binding and fair. Having professional guidance can prevent problems from arising later.

A contested divorce occurs when spouses cannot agree on one or more major issues. This type of divorce usually involves court hearings, negotiations, and sometimes even a trial. The process is more complex, takes longer, and tends to be more costly.

In contested divorces, each spouse may hire their own divorce lawyer to represent their interests. The court ultimately decides on unresolved matters, such as how assets are divided or who gets primary custody of children. While this process can be draining, it is often necessary when significant disagreements exist.

The decision between uncontested and contested divorce depends largely on the level of cooperation between spouses. If both parties can communicate and compromise, an uncontested divorce may provide a smoother transition. On the other hand, if conflict or mistrust makes compromise impossible, a contested divorce may be unavoidable.