Contested vs. Uncontested Divorce: What’s the Difference?

Divorce can be a complicated and emotional process, but understanding the key differences between contested and uncontested divorce can help you make informed decisions. Whether you and your spouse agree on everything or not, knowing what to expect can save you time, stress, and legal costs.

What is an Uncontested Divorce?

An uncontested divorce happens when both spouses agree on all aspects of the divorce, including:

? Division of assets and debts

? Child custody and support arrangements

? Spousal maintenance (alimony)

? Any other financial or legal matters

Because there’s no dispute, uncontested divorces are faster, cheaper, and less stressful than contested divorces.

Advantages of an Uncontested Divorce:

?? Lower Costs – Legal fees are minimal since there are no court battles. ?? Faster Process – The divorce is finalized quickly, often within a few months. ?? Less Stress – No lengthy legal fights, making it emotionally easier for both parties. ?? More Control – You and your spouse decide the terms without court intervention.

How to Get an Uncontested Divorce:

1. Agree on all terms with your spouse.
2. Draft a settlement agreement covering finances, custody, and asset division.
3. File for divorce at the High Court or Regional Magistrate’s Court.
4. Attend a final court hearing, where the judge reviews and approves the agreement.

?? Tip: Even in an uncontested divorce, consulting a lawyer ensures your rights are protected and the paperwork is legally sound.

What is a Contested Divorce?

A contested divorce happens when spouses cannot agree on one or more key issues. This could involve disputes over:

?? Who gets custody of the children ?? How assets and debts should be divided ?? Whether spousal maintenance should be paid ?? Any other financial or personal matters

Because of these disagreements, contested divorces take longer and cost more than uncontested divorces.

The Process of a Contested Divorce:

1. One spouse files for divorce and serves the other with divorce papers.
2. The responding spouse disagrees with some or all of the terms.
3. Both parties hire lawyers to negotiate or litigate unresolved issues.
4. Court hearings take place, and a judge makes the final decision.
5. The divorce is finalized, but only after all disputes are settled.

Why Do Contested Divorces Take Longer?

?? Legal Disputes: Both parties must present their case, sometimes requiring witnesses and expert reports. ?? Multiple Court Appearances: Several hearings may be needed before a ruling is made. ?? Emotional Factors: If one party is uncooperative, it can delay the process.

? Timeline: A contested divorce can take anywhere from six months to several years, depending on the complexity of the case.

Key Differences Between Contested & Uncontested Divorce

?? Key Differences Between Contested & Uncontested Divorce

?? Time Frame:

Uncontested: 3–6 months

Contested: 6 months to several years

?? Legal Costs:

Uncontested: Low (filing fees, minor legal costs)

Contested: High (lawyer fees, court fees, expert witnesses)

?? Court Involvement:

Uncontested: Little to none

Contested: Significant court involvement

?? Outcome Control:

Uncontested: Both spouses decide the terms

Contested: A judge makes the final decision

Can a Contested Divorce Become Uncontested?

Yes! Many contested divorces start with disagreements but later turn uncontested through mediation or negotiation. Courts often encourage couples to settle disputes outside of trial to reduce costs and emotional distress.

How to Avoid a Contested Divorce:

?? Open Communication – Try to discuss terms amicably.

?? Consider Mediation – A neutral third party can help reach a fair agreement.

?? Hire a Divorce Lawyer Early – Legal guidance can prevent unnecessary conflicts.

Which Type of Divorce is Right for You?

?? If you and your spouse can agree on everything, an uncontested divorce is the best option—it’s faster, cheaper, and less stressful.

?? If there are disagreements, you may need a contested divorce, but mediation and negotiation can help resolve conflicts before going to court.

Need help with your divorce? Contact us at The Lawyer Gauteng for expert legal guidance. Call 010 634 4379 or email [email protected] to book a consultation today.