What is a Contested Divorce - How Contested Divorce Works & What to Expect
Sep 12
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There may come a time in life when ending a marriage becomes the only way forward. A contested divorce is a type of divorce where both spouses are unable to reach an agreement on one or more important matters.
These disagreements often relate to issues such as how property should be divided, whether one person should pay financial support, or how parenting time and responsibilities should be arranged.
As no agreement is reached privately, the case must be settled through a court, with a judge making the final decisions after considering evidence from both sides.
We’ll take a closer look at what a contested divorce is, walk through each stage of the legal process, and explain how long it can take, as well as what it might cost.
Table of contents
Contested vs uncontested divorce
When starting the divorce process, it’s important to understand the difference between a contested and an uncontested divorce, as each path can lead to a very different experience. These two routes reflect how much agreement exists between both spouses and the level of court involvement needed to reach a final outcome.
An uncontested divorce tends to move forward with fewer complications, as both individuals are willing to settle the key terms of their separation without legal disputes. This often makes the process less emotionally draining.
A contested divorce, by contrast, arises when personal, financial, or parenting disagreements remain unresolved. The case then requires time and ultimately a judge’s input, which can make the experience quite difficult to manage.
For many people, the decision isn’t always straightforward. Some cases begin with the hope of reaching an agreement but later shift into a contested process if discussions break down.
Why do some divorces become contested?
Divorces often become contested due to unresolved disagreements that carry significant emotional weight. One of the most common sources of conflict is child custody. Disputes can emerge if both parents have different expectations about the child’s living arrangements and long-term care.
Financial matters and assets often add further strain. Dividing property, handling debts, or deciding whether one person should receive spousal support can all become sticking points, particularly if the relationship involved shared assets.
In some cases, the breakdown in cooperation stems from serious personal issues. One spouse may accuse the other of being unfaithful, which can create a deep sense of betrayal. In other situations, there may be claims of problematic behavior. These experiences can fuel intense emotions. Anger and resentment can take over, making it harder for either person to reach a fair resolution.
However, the case can often break down when parties simply don’t know the rules and/or what they should be receiving or what they should be paying and why. The Splitup app can help parties better understand the process, the laws, and the procedure so they can more easily move forward in an uncontested divorce or understand their rights enough to contest an unfair settlement offer.
The contested divorce process
Understanding the contested divorce process can help you prepare for what lies ahead and reduce some of the stress that comes with it.
The process begins when one spouse starts legal proceedings by filing a divorce petition. This document outlines the reasons for the divorce and the terms they are seeking. If you’re unsure how to file a contested divorce, this is the first formal step.
The other spouse is then given the opportunity to respond. If they disagree with any part of the petition, the case moves forward as contested. The next stage is known as discovery, where both sides exchange information and gather evidence. This may include financial records, communication logs, as well as witness statements.
Before a full trial takes place, there may be pre-trial hearings to set boundaries and expectations around what will be required and/or considered in court. In many cases, both parties attempt to settle through negotiation or mediation. However, if no agreement is reached, the case proceeds to trial. The full process can take several months to over a year, depending on the complexity of the case and how willing each side is to cooperate.
If you're going through a divorce and want to learn more about your legal rights, download the Splitup app or explore our blog.
What does a contested divorce cost?
The contested divorce cost typically ranges from around $3,000 to $20,000, though it can be higher in high-conflict cases. Costs vary depending on the city, state, local court fees, the duration of the process, experts hired, and the hourly rates charged by divorce lawyers.
On top of legal fees, there may be additional expenses for filing paperwork, attending court hearings, and bringing in expert witnesses.
In comparison, an uncontested divorce is usually far less expensive, often ranging from $500 to $1,500, due to the reduced need for legal involvement and time in court.
Should you contest a divorce? Pros and cons
The choice to contest a divorce is shaped by what’s at stake and how far apart both parties are in their expectations. In some situations, going to court may be the best way to ensure both parties’ rights are respected. While it can feel daunting, legal proceedings can sometimes provide a fair resolution when one side feels pressured into accepting terms that don’t reflect their needs.
Despite this, contested divorces come with significant challenges. The uncertainty of court decisions and the pressure of navigating legal proceedings can place strain not only on the individuals involved but also on children and extended family. The stress of litigation can affect life outside the courtroom, too, making constructive communication difficult.
While legal action may be necessary, it’s important to weigh the emotional and practical impact alongside the potential legal conclusion of the case. For example, if you are dealing with a high conflict person, it might be more important to be done than to get the TV or other furniture. Or if one party is demanding equal parenting time simply to avoid child support, might you want to waive child support temporarily (or permanently) so you can have full custody/legal decision making along with the majority of parenting time. You also may not want to fight over a few dollars. If you are not agreeing on numbers to include in your child support calculations, use both parties' numbers and see what the difference is. You would be surprised how often people fight over $5 a month simply because they don’t understand that they are fighting over $5 a month.
If you're still unsure about whether to contest your divorce, we’re here to support you. Learn our story and see how we can help you move forward. The Splitup app can help you understand your case well enough to know if you should contest and issue or maybe just let it go.
Can you settle a contested divorce?
Not every contested divorce ends in a courtroom battle.
Many couples can reach an agreement through settlement, which allows them to resolve key issues without a full trial. This may be achieved with mediation, negotiation, or even collaborative divorce, depending on what both parties are open to.
Once terms are agreed, the divorce may proceed as uncontested. Having the right support during this stage can make a difficult process feel less overwhelming. An online platform such as Splitup can help by preparing individuals for these conversations, breaking down legal steps in plain language, and offering emotional support throughout.
A premium subscription to our app includes live expert-led discussions and a library of hundreds of videos to help you navigate all issues in your family matter case, all of which are designed to provide clear guidance to those who want to understand their rights better.
Contested Divorce FAQs
Who usually pays legal fees in a contested divorce?
In most contested divorces, each spouse is responsible for paying their own legal fees. In some cases, the court may order one party to cover part or all of the other’s costs. This may happen due to a significant difference in income or if one person acted unreasonably during proceedings.
Can a contested divorce affect child custody arrangements?
Yes. If parents cannot agree on where the child will live or how responsibilities should be shared, the court steps in to make a decision based on the child’s best interests. This may involve reviewing each parent’s living situation, financial stability, and relationship with the child. It’s important to have a detailed plan and relay that to the court. Without any plan, a court will just use their experience to make something up, and it may not work for your family situation. If you have a plan that is reasonable, thorough, and fully explained, the court is more likely to include some or all of your requests. The Splitup app addresses parenting plans in great detail and provides resources for you to explore options even further.
Do I need a lawyer for a contested divorce?
While it's not legally required to have a lawyer for a contested divorce, having legal support is highly recommended. These cases often involve complex procedures that can be difficult to handle on your own. A lawyer can help protect your rights and minimize the risk of mistakes that could affect the outcome.
However, in most cases, using the Splitup app can help you better understand how to proceed with your case to have a more successful outcome than going it alone.
