When a marriage comes to an end, one of the first questions many people ask is: Do both parties have to agree to get a divorce? The answer isn’t as straightforward as it may seem. In the legal world, whether both spouses agree to the divorce, or to the terms of it, determines if the process will be uncontested or contested. Understanding the difference between these two types of divorce can help you prepare for what lies ahead and make informed decisions during a challenging time.
What Is an Uncontested Divorce?
An uncontested divorce occurs when both spouses agree on all key issues related to the separation. This includes:
Because there’s no dispute over these terms, uncontested divorces are generally faster, less expensive, and less emotionally taxing than contested divorces. They often require minimal court involvement and may be resolved without a formal trial.
What Is a Contested Divorce?
A contested divorce happens when the spouses disagree on one or more key issues—whether it’s the divorce itself or terms like custody, visitation, property division, or support. In these cases, court intervention is typically required to settle the disputes.
Contested divorces usually involve:
This process can be time-consuming and costly, especially if the conflict is high or the issues are complex. On the other hand, litigation may be the only way to resolve certain disputes depending on the dynamics of the relationship and matters at issue.
If a Case Begins Contested, Will it Stay That Way?
Not necessarily. Often times, due to financial constraints, matters brought out by discovery, court rulings, or other factors, a case that began as a hotly contested case can resolve by way of agreement or “settlement.” A skilled litigator at Ball Morse Lowe may be able to secure such a result depending on the individual facts and circumstances of the case. It is important to know your limits—emotional, financial, and temporal—before you decide whether you want to push toward litigation with the hope of settlement, or work to settle as soon as possible.
Do Both Parties Have to Agree to Get a Divorce?
No. In most states, you do not need your spouse’s agreement to file for divorce. One party can initiate the process, and even if the other spouse doesn’t want the divorce, the court can still move forward. However, if the spouses don’t agree on the terms, the case becomes a contested divorce by default.
Things to Know Before Filing
Contested doesn’t mean hostile. Some disagreements are natural. Contested divorces don’t always involve conflict—they may just require more structured negotiation.
Even in an Uncontested Divorce, Consulting an Attorney is Essential.
Just because you and your spouse agree doesn’t mean your legal rights are automatically protected. You do not know what you do not know—i.e. are there hidden assets, are there concerns you should bring before the court for custody issues (like a new partner in your soon-to-be-ex-spouse’s life)? An experienced divorce attorney can review your case and advise you on the best way forward. They can also review or negotiate an agreement, catch potential oversights, and ensure that all paperwork is accurate and enforceable, helping you avoid costly issues down the road.
Final Thoughts
Whether you and your spouse agree on everything or nothing at all, there’s a legal path forward. The key is understanding where you stand, what your goals are, and how to approach the process in a way that protects your future. If you're unsure whether your divorce will be contested or uncontested, or need help resolving disputes, consider speaking with a family law attorney who can guide you through every step.
At Ball Morse Lowe, PLLC, we’re committed to guiding you through every step of the divorce process with clarity and care. If you have questions about divorce or any other family law matter, don’t hesitate to reach out. Our experienced lawyers are ready to help you move forward with confidence. Call us now at 405.766.5468, or submit the form below, to schedule a free consultation!