Side-by-Side Comparisons
Contested vs Uncontested Divorce
What makes a divorce contested or uncontested, the real cost difference, and which path is right for your situation.
Uncontested
Both spouses agree on every major issue — property, debts, custody, support, and alimony — before filing. The court reviews and approves your agreement.
Contested
Spouses cannot agree on one or more issues. A judge holds hearings, reviews evidence, and issues binding orders that neither party fully controls.
Key Differences
FactorUncontestedContested
Cost$500–$3,000 total$15,000–$100,000+
Timeline3–6 months1–3+ years
ControlYou set the termsJudge decides
AttorneyOptional but helpfulAlmost always required
Court appearancesUsually just one final hearingMultiple hearings over months or years
Stress levelLower — process is predictableHigher — adversarial by nature
What You Must Agree On for Uncontested
☐Division of all marital assets
Real estate, bank accounts, retirement accounts, vehicles, and personal property.
☐Division of all marital debts
Mortgages, car loans, credit cards, student loans, and any joint obligations.
☐Child custody and parent-time
Legal custody (decision-making) and physical custody (where children live and the schedule).
☐Child support
Utah uses a formula — both parties must agree to the calculated amount or a justified deviation.
☐Alimony (if applicable)
Whether spousal support will be paid, how much, and for how long.
What happens if you can't agree on just one thing?
Even a single unresolved issue makes the divorce contested — and the cost and timeline jump dramatically. This is why mediation is so valuable: a skilled mediator can often resolve one or two sticking points so the rest of the divorce proceeds uncontested.
Common Questions
Can you start uncontested and go contested?
Yes. If you file as uncontested and later hit a disagreement, the case can become contested. The reverse is also true — contested cases often settle before trial when parties reach agreement through negotiation or mediation.
What role does mediation play?
Mediation is the bridge. Utah courts require it before most contested hearings. Many couples use mediation to resolve the issues blocking an uncontested filing — then proceed on the faster, cheaper uncontested track.
Do we both have to sign everything?
For an uncontested divorce, yes — both spouses sign the Stipulation and Settlement Agreement. If your spouse refuses to sign, you will need to proceed as a contested case.
divvi is built for uncontested divorces
If you and your spouse are in agreement — or nearly there — divvi guides you through every step: asset and debt division, custody arrangements, child support calculation, and court-ready document preparation. No attorney retainer, no billing by the hour.
Save your results
Think your divorce might be uncontested?
divvi can help you confirm what you need to agree on and walk you through the rest.
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