In family law, the difference between a contested and uncontested case mainly comes down to whether the parties agree or disagree about the issues in the case.
Uncontested Case
Starting at: $2,500
An uncontested case means both parties agree on all the major issues before asking the court to finalize the matter.
For example, in a divorce, the parties may already agree on:
- How property and debts will be divided
- Child custody and parenting time
- Child support
- Spousal support (if any)
Because there are no disputes for the judge to decide, the court’s role is mostly to review the agreement and approve it. Uncontested cases are typically:
- Faster
- Less expensive
- Less stressful
Often, only minimal court appearances (or sometimes none) are required.
Contested Case
Starting at: $5,000
A contested case means the parties do not agree on one or more important issues, so the court must help resolve the dispute.
Common issues that may be contested include:
- Child custody or parenting schedules
- Child support amounts
- Division of property or debt
- Spousal support
When a case is contested, it usually involves more steps, such as:
- Filing motions
- Exchanging financial or other information (called “discovery”)
- Mediation or settlement conferences
- Court hearings or possibly a trial
Because the judge may ultimately decide unresolved issues, contested cases typically take longer and cost more.