In mediation, you and your spouse work with a mediator
Dina Haddad
March 16, 2023
Get California Online Divorce Forms for $49.99/month– Limited Time Offer!
Get California Online Divorce Forms for $49.99/month– Limited Time Offer!
Online Divorce
Divorce smartly without a lawyer. Save yourself $10,000+.
Dina Haddad
Founder & Attorney Mediator
I’m Dina Haddad, a family law attorney-mediator in California. I’m so tired of couples not having a process that’s easy to complete their divorce. They are getting lost, wasting time and money, and beyond frustrated with their results.That’s why I created The Complete Divorce. I took my successful mediation practice and condensed it into an affordable and winning program.
In California, the main difference between uncontested and contested divorce (when there is a court battle) is that in the uncontested case, both parties agree to resolve all issues before going to trial; whereas in the contested divorce, at least one major issue remains unresolved.
The route you take for the divorce will affect divorce timeline, your expenses, and how much control you have. The uncontested route is generally less complicated and less expensive since it’s done without a lawyer. However, the contested route generally involves more legal proceedings and therefore costs.
Simply put, it’s always going to matter how you divorce. The Complete Divorce is California’s premier online divorce services for uncontested and amicable couples.
The program is founded and led by Dina Haddad, California divorce expert and mediator. The Complete Divorce has been empowering parties to take control of their divorce and complete divorce without court and hiring expensive lawyers. Subscribe and start your fully guided divorce for only $49.99/mo.
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The most important difference between an uncontested divorce and a contested divorce is control, not just legal paperwork. Control in the form of making the ultimate decision is what defines your divorce process.
When considering the type of divorce to choose, you have to ask “Will I be able to come to an agreement with my spouse?” (Uncontested) Or “will i have to let the courts make all of the decisions for me?” (Contested).
| Factor | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Agreement | Full agreement on all issues | Disagreement on one or more issues |
| Timeline and Cost | Often faster and lower cost | Often longer and more expensive |
| Decision Making | You and your spouse decide | Judge decides |
| Court Hearing | No trial required | Trial required |
| Stress Level | Lower | Higher |
| Privacy and Best For | More private, amicable cases | Public record, high conflict or complex cases |
You have complete control of your uncontested divorce. Your decisions will be based upon your own needs regarding property, child custody and spousal support.
However, in a contested divorce, you lose control over the decision-making process; instead, your choices are controlled by a judge applying legal principles rather than making decisions based on individual desires or feelings.
An uncontested divorce barely gets delayed once both parties agree on all important issues. However, regardless of how quickly you move to finalize your divorce, the California Courts require a minimum of six months prior to filing.
On the other hand, the timeline for divorce, especially a contested case, is much more unpredictable due to the many factors involved, including disagreements, discovery, and the availability of judges and courtroom time.
The cost of divorce in a contested case is typically higher than that of an uncontested divorce. This is largely because, while an uncontested divorce involves drafting and agreeing to a marriage dissolution agreement, a contested divorce typically results in each side hiring attorneys, filing papers, etc.
In an uncontested divorce, there is very little involvement from the courts. After both parties submit their agreements and signatures to the court, the court reviews them and enters judgment.
A contested divorce, on the other hand, requires multiple hearings, motions, and possibly even a full-blown trial before reaching a resolution.
Both parties in an uncontested divorce can limit what becomes part of the public record, since most information is contained in the Marital Settlement Agreement (MSA).
In a contested divorce, many aspects of the dispute, including financial information, become part of the public record.
Because an uncontested divorce focuses on cooperation and communication between both spouses, it can significantly reduce the amount of emotional pain experienced during this difficult time.
On the other hand, a contested divorce creates additional stress and anxiety as the conflict continues and each party is less certain about their future.
One of the benefits of choosing an uncontested divorce is that you and your spouse can create terms that meet your specific needs.
In a contested divorce, the terms of the agreement are determined by the laws governing divorce and the court’s interpretation of those laws.
Both Uncontested and Contested Divorce options have the same rules in California. The forms used are very similar, and, regardless of which type of divorce option you choose, there will always be a six-month waiting period.
What makes them different is whether you and your spouse can agree on things. If you can work together, an uncontested divorce avoids lengthy delays, increased expense, and conflict.
Using The Complete Divorce Uncontested Divorce DIY Plan, you have access to divorce forms, webinars, and strategy meetings to move forward with confidence.
However, if you do not agree on important matters, a contested divorce is needed so the Court can make decisions in those areas.
Clarity is half the success when it comes to successful divorce because your time, money, and how much stress you will experience are all dependent on whether your divorce is considered as an “uncontested” or “contested”.
Don’t allow yourself to be confused about which one to choose because of a lack of understanding of what it takes to make this choice.
The Complete Divorce makes choosing easier by using tutorials, flowcharts, and strategy sessions to help guide you through this process so that you can remain in charge of the process and avoid having to go to court. Begin your stress-free divorce now for $49.99/month and feel confident in moving forward.
The core forms used to file for divorce are the same as required by California courts. However, an uncontested divorce comes with a settlement agreement, whereas a contested divorce will require additional motions and/or hearings, which ultimately require the court to make a decision.
Most cases begin as contested for a variety of reasons, including one spouse filing first or emotions being high at that time. Over time, most spouses come to realize their priorities and reach an agreement.
Yes, but only if both parties agree to work through the divorce together. Online divorce provides a way for couples to come to an agreement rather than litigate. The Complete Divorce assists you in organizing terms, paperwork, and filings, and provides step-by-step support for $49.99 per month.
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In mediation, you and your spouse work with a mediator
Community and Separate Property in a California divorce can pose
Learn the difference between uncontested and contested divorce in California,