When people talk about divorce, you’ll often hear the terms “uncontested” and “contested.” The main difference is whether the spouses have resolved the issues between them when the case is filed.
In an uncontested divorce, those decisions have already been made and the spouses are essentially asking the court to review and approve their paperwork. If one or more matters are still open at the time of filing, the case is considered contested.
That distinction can affect how much negotiation is still needed, how involved the court becomes, and where mediation fits into the process.
What Does an Uncontested Divorce Mean?
An uncontested divorce generally means the spouses have worked through the issues between them before filing.
That doesn’t mean getting there was easy. There may have been plenty of discussion, negotiation, or mediation beforehand. The important part is that the terms have already been settled when the case begins.
The spouses can then submit their agreements and other required paperwork to the court for review.
What Does a Contested Divorce Mean?
A contested divorce means at least one issue is still unresolved when the case is filed.
The spouses don’t have to disagree about everything. They may be on the same page about property and finances but still have differences over maintenance, parenting time, or decision-making.
Even a single open issue can make the filing contested.
Importantly, contested does not automatically mean the divorce will necessarily go to trial. The parties can continue negotiating after filing, and mediation may still help resolve some or all of what remains before a hearing is needed.
Issues That Come Up in Either Type of Divorce
Whether a case is contested or uncontested, many of the same decisions still have to be made. Property and debts need to be divided, maintenance may need to be addressed and, when children are involved, there are also questions around parenting time, decision-making, and child support.
Property can mean much more than the family home. Bank accounts, vehicles, investments, retirement assets, business interests, loans, and other financial obligations may all be part of the discussion.
For parents, a parenting plan addresses the parenting schedule and how major decisions involving the children will be handled. Child support is also addressed as part of the case.
What separates contested from uncontested isn’t necessarily the list of topics involved. It’s whether those decisions were already settled when the case was filed.
How the Process and Costs Can Differ
Since an uncontested divorce begins with the major terms already settled, much of the focus shifts toward completing the required paperwork and moving through the court process.
On the other hand, a contested case still has matters to work through. Depending on what remains open, that may involve exchanging financial information, mediation, pre-trial hearings, motions, experts, or trial preparation.
More unresolved issues can mean more time and expense, but the labels don’t tell the whole story. An uncontested divorce isn’t automatically simple or inexpensive, and a contested case doesn’t automatically mean a long court battle.
A filing that begins as contested may still reach a complete settlement before the scheduled hearing.
Where Mediation Fits
Mediation can take place before or after a divorce is filed.
Before filing, it gives spouses a structured setting to work through property, finances, parenting, or other open questions. If they reach a complete agreement, they can move forward with those terms already in place.
After a contested case has been filed, mediation gives the parties another opportunity to resolve or narrow what remains.
The mediator serves as a neutral third party who guides the conversation without representing either spouse, making decisions for them, or providing legal advice.
Mediation doesn’t have to be all or nothing. Resolving a few remaining matters can still reduce what needs to be addressed later.
Depending on the case and judicial district, mediation may also be required before contested issues proceed to a hearing.
Contested Doesn't Necessarily Mean Going to Trial
In summary, the terms “contested” and “uncontested” describe how the case begins, but they don’t necessarily tell you how it will end.
For attorneys and parties working through a Colorado divorce, Judge Rayna Gokli (Ret.) provides mediation for domestic relations matters through Gokli Dispute Resolution.
To discuss an upcoming case or check available mediation dates, contact Gokli Dispute Resolution or book a session directly through our online calendar.
*This blog is for general informational purposes only and is not legal advice.