Contested Divorce

After one spouse files a divorce petition, they must notify the other spouse by serving divorce papers via a third party. The other spouse then has the right to respond within a specific timeframe (typically around 20 to 30 days). If they disagree with the terms of the petition, the divorce becomes contested. 

A contested divorce occurs when spouses need help resolving major aspects of the divorce proceedings, such as the following:

• Child custody
• Child support
• Property division
• Alimony (also called spousal support)

If spouses still can't reach an agreement after mediation, a court can step in to resolve these disputes. The benefit of a contested divorce vs. an uncontested one is that courts can offer spouses a definitive legal route to settle complex issues that may otherwise be emotionally fraught or subject to extended back-and-forth discussions. Both parties will have the opportunity to make their case in front of a neutral judge, which may lead to a fairer conclusion.

However, the contested divorce process will likely cost more time and money compared to an uncontested divorce. It's smart to consult an attorney before filing a divorce petition. A divorce lawyer can offer advice on how to proceed, help you gather evidence that may make it easier to negotiate a settlement, and offer legal representation should your case go to trial. 

For more information on the process, read our in-depth guide to contested divorce.

Contested divorce FAQs 

Is it worth contesting a divorce?

This depends on your specific circumstances. If you believe the terms of your spouses' divorce petition or settlement requests are unfair or harmful to you or your child, it may be worth it to consult an experienced divorce attorney and formally contest the terms.

That said, a contested divorce can be more expensive, time-consuming, and emotionally draining than an uncontested divorce.

How much does a contested divorce cost?

The cost of a contested divorce can vary widely based on factors like how long the divorce proceedings last, where you live, and legal fees. Attorney and court fees, expert witness costs, custody evaluations, divorce mediation can all affect how much you spend on a contested divorce. 

How long does a contested divorce take?

The contested divorce process could take months to years depending on several factors. For example, court scheduling, state divorce laws, and each party's willingness to negotiate can all impact the length of divorce proceedings.

What if one spouse doesn't want a divorce?

While spouses can contest the terms of a divorce, they can't block a divorce from happening if the other spouse wishes to pursue one. However, some states do require waiting periods or mandatory separation before a divorce will be granted.