What is Contested Divorce?
Updated January 24, 2026
A divorce in which the spouses disagree about one or more issues, such as property division, support, custody or parenting time, so the issues must be resolved through negotiation, mediation or a decision by the court.
Understanding Contested Divorce
A contested divorce usually moves through several stages: filing and service, temporary orders while the case is pending, financial disclosure and discovery, settlement efforts such as mediation, and, if issues remain unresolved, a trial where the judge decides them. Most contested cases settle before trial, often after discovery clarifies the finances. The amount of conflict can range from a single disputed asset to every issue in the case. Contested divorces generally take longer and cost more than uncontested ones, and the timeline depends heavily on the court and the complexity of the issues.
Examples
- 1Spouses who agree on custody but disagree on whether a business is marital property
- 2A dispute over primary physical custody that requires a custody evaluation
- 3A case that goes to trial on the amount and length of alimony
Why This Matters in Legal Cases
In a contested divorce, the client gives up some control: if the spouses cannot agree, a judge will make decisions about their property and children. Each stage has deadlines and disclosure obligations, and missing them can hurt the client's position. Clients who understand the stages are better able to weigh a settlement offer against the cost, time and uncertainty of going to trial.
Frequently Asked Questions
How long does a contested divorce take?
Do most contested divorces go to trial?
Can a contested divorce become uncontested?
Related Terms
Divorce
The legal dissolution of a marriage by a court or other competent body, ending the marital relationship and dividing assets, debts, and responsibilities.
Uncontested Divorce
A divorce in which both spouses agree on all of the issues, including property, debts, support and, if they have children, custody and parenting time, so the court does not have to decide any disputed question.
Discovery
The pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through various methods including interrogatories, depositions, and requests for documents.
Temporary Orders (Pendente Lite)
Court orders that set rules for custody, parenting time, support, use of the home and other issues while a divorce or family case is pending, until the court enters a final judgment.
Child Custody
The legal arrangement determining where children will live and who will make important decisions about their upbringing after parents separate or divorce.
For Family Law cases
In a divorce, the financial record starts in the client’s phone.
Clients upload statements and screenshots, and Quilia lists every account, card and loan it finds, so financial disclosure starts mostly done.
Keep Clients Informed Without the Phone Calls
Quilia's client portal keeps your clients engaged with automated updates, reminders, and document collection, so your team can focus on winning cases.