What is the difference between an uncontested and contested divorce?

In California, an uncontested divorce is one in which both spouses agree to the terms of the end of their marriage. In an uncontested divorce, typically the couple will have already discussed the details of the divorce and reached an agreement on issues such as the division of their property, child custody and support, and spousal support. This type of divorce is usually quicker and less expensive than other types of divorce and is generally handled by both spouses’ attorneys or a mediator. A contested divorce is one in which the spouses cannot agree on all terms of the divorce, and they both retain attorneys to represent them in court. In a contested divorce, the spouses must go to court and explain the details of the divorce, including the division of property, child custody and support, and spousal support. The court will then issue a ruling regarding the divorce, which is binding to both parties. Contested divorces are typically more expensive and time consuming than uncontested divorces.

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