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Core Insights:
- Whether spouses agree on all major issues determines if a divorce is contested or uncontested.
- Uncontested divorces are usually faster and cheaper, with a six‑month waiting period as the main delay.
- Contested divorces involve disputes over assets, support, or parenting time and follow a more lawsuit‑like process.
- Court calendars and extra legal work make contested divorces longer and more expensive than uncontested ones.
In San Diego, we often see couples walk into their divorce thinking it will be simple and uncontested. However, disputes over parenting schedules or the family home could suddenly become an issue once they see the paperwork.
How divorces unfold in San Diego depends on whether the couple reaches a mutual agreement on the terms of their divorce. When both parties reach an agreement on all issues necessary to resolve their divorce - including property division, debt allocation, support, and child custody - the case can proceed as an uncontested divorce. Rather than asking a judge to decide disputed issues, the parties memorialize their agreement in a written Marital Settlement Agreement and submit it to the court for approval.
Getting divorced is rarely a simple experience, so knowing how to approach different scenarios can help you navigate a challenging situation. At Bremer Whyte Brown & O’Meara, we support couples through straightforward marital breakups and devastating divorces. Let’s explain the difference between contested and uncontested divorces and how our strategies differ, so you know what to expect.
What Is an Uncontested Divorce?
An uncontested divorce is when a couple can dissolve their marriage without significant conflict. When both partners are in complete agreement regarding the division of assets, marital debts, spousal support, and child custody, their divorce can proceed without drawn-out negotiations and legal intervention. For example, many uncontested divorces involve agreements regarding the sale of the family home, guideline child support, and a mutually acceptable parenting plan. Once the terms are settled, an attorney drafts a marital settlement agreement (MSA), which the couple signs and submits to the court.
Many people assume that uncontested divorces are reserved for short marriages without children, but that isn’t always the case. We have finalized uncontested cases involving complex assets such as stock options and multiple properties. When the couple agrees on the terms, an uncontested divorce is possible regardless of the complexity. In our experience, uncontested divorces are ideal for couples who have mutually decided to part ways. Those who wish to keep their divorce private, or couples who want to have the final say on the outcome of their case, instead of a judge.
What Makes a Divorce Contested?
A contested divorce is a dissolution of marriage where the spouses cannot agree on one or more critical issues. In these situations, the court may have to step in and make final judgments to resolve the case. Even a single unresolved issue, such as who stays in the family home or how much support will be paid, is enough to make a case contested, regardless of whether you agree on everything else.
In our San Diego cases, the most common disagreements involve:
- Who keeps high-value assets, like the family home and vehicles
- How to spend time with the kids during the school week, weekends, and holidays
- The amount and duration of child support or spousal support
- Whether a spouse is accurately reporting income from self-employment, business ownership, commissions, or other sources.
When one or more of these issues prevents an amicable divorce, it usually proceeds much like a lawsuit. When we represent a client in a contested divorce, we take formal legal steps, such as filing motions, requesting temporary orders, and initiating discovery. Through discovery, we obtain financial records, issue subpoenas, conduct depositions, and investigate assets or income that may not have been fully disclosed.
A contested divorce can take longer than an uncontested one because we schedule cases according to the court’s calendar. If a divorce requires litigation, there are often several hearings and prolonged negotiations. If negotiations fail, the case may proceed to trial where both sides present their evidence and deliver arguments before a family law judge issues a binding final ruling.
How Do Contested and Uncontested Divorce Timelines and Costs Differ?
The main differences between contested and uncontested divorces are the time and money required to finalize them. California requires a strict six-month waiting period from the date the non-filing spouse is served before a divorce can be finalized. In an uncontested divorce, the waiting period is usually the lengthiest part of the entire process. If everything is agreed upon quickly, the paperwork can be submitted, allowing the divorce to be settled immediately upon the end of the waiting period.
In our experience, many uncontested San Diego divorces are effectively finalized on paper well before the six-month mark, and clients just wait out the required period. Contested cases often take substantially longer and, depending on the complexity of the issues and the court’s schedule, can remain active for many months or even years. The cost also increases substantially because of the extra work and additional attorney time required to resolve.
Uncontested divorces are more cost-effective because they require fewer attorney hours, lower court fees, and no litigation expenses. Contested cases are more expensive because they often require discovery, court appearances, and trial preparation. However, we understand that the choice isn’t always up to you, and sometimes the path your divorce takes is dictated by your spouse.
Do I Need a Family Law Attorney to Get Divorced?
The California family court system can be challenging, especially for those going through a contested divorce. Even if you and your spouse agree on everything, the technicalities, filing requirements, and legal process can become problematic without support. Even a simple clerical error, missing financial disclosure, or poorly phrased custody agreement can cause major delays. We often meet clients after a do-it-yourself filing has stalled because of correctable issues with forms or disclosures. Working with an experienced family law attorney can protect your rights and help you finalize your divorce efficiently.
At Bremer Whyte Brown & O’Meara, our team provides skilled legal representation for individuals going through the major life change of divorce. We have worked with countless clients dealing with an uncooperative spouse who seems intent on making the situation more difficult. Whether you and your spouse are in complete agreement or there is nothing you see eye to eye on, we are here to explain complex laws, handle important paperwork, and protect your personal and financial interests. Contact our team to schedule a consultation.
Frequently Asked Questions
Are There Alternative Solutions for Contested Divorces?
In San Diego, local courts offer programs designed to help couples find common ground before disputes escalate. For example, if parents can’t agree on custody, California requires mandatory mediation called Child Custody Recommending Counseling provided by Family Court Services. A professional helps parents work through custody disagreements and draft a custody schedule before the case is presented to a judge. In addition, many divorcing couples use private mediation, settlement conferences, or collaborative law to resolve disputes without a trial. These alternatives can reduce costs, shorten timelines, and allow the parties to maintain greater control over the outcome of their case.
Can an uncontested divorce still require a court hearing?
Sometimes. Many uncontested divorces are resolved mostly on paper. However, the court still reviews and approves the agreement and, in some cases, may require a brief hearing before entering the final judgment.
Can we use the same lawyer if we agree on everything?
No. One attorney cannot ethically represent both spouses in a divorce, even if it is uncontested. One spouse can have a lawyer draft the paperwork, and the other can choose whether to get independent legal advice. However, we strongly recommend that the non-represented spouse have an attorney review the proposed agreement before signing. Even in amicable divorces, settlement agreements can have significant long-term consequences regarding property rights, support obligations, retirement accounts, and child custody arrangements.