What Is the Difference Between a Contested and Uncontested Divorce in California?
Even when both spouses want the same outcome, they can still find themselves on different paths through a divorce. In California, divorces generally fall into one of two categories: contested or uncontested. Understanding the difference can help you know what to expect and how long the process might take.
When Spouses Agree: The Uncontested Path
An uncontested divorce happens when both spouses agree on every major issue involved in ending the marriage. This includes property division, spousal support, attorney’s fees and costs, child custody, and child support, if applicable. Because there is no dispute for a judge to resolve, the process moves more smoothly and there is no need for a trial, since a trial exists to determine contested issues spouses could not otherwise agree on.
That does not mean an uncontested divorce is free of paperwork or formality. Spouses must still complete financial disclosures, draft a marital settlement agreement, and file the appropriate forms with the court to finalize a dissolution of marriage. Some couples may qualify for California’s summary dissolution process, a simplified option available only to those who meet strict eligibility requirements, such as having been married for five years or less, having no children together, waiving spousal support, and holding limited assets and debts. Couples who do not meet those requirements can still pursue a standard uncontested divorce, or, as of January 1, 2026, a joint petition for dissolution under Family Code Section 2342.5, added by Senate Bill 1427. The joint petition process does not have the same marriage length and asset limitations; it requires only that parties intend to resolve every issue by agreement without court intervention.
When Spouses Disagree: The Contested Path
A divorce becomes contested when spouses cannot agree on one or more significant issues necessary to enter a judgment of dissolution. This might involve disputes over how to divide property, how much spousal support should be paid, or what the custody and timeshare arrangement should be if there are minor children. When an agreement cannot be reached, the matter proceeds through formal court procedures and potentially a trial where a judge makes the final decisions. Pre-trial steps such as discovery and settlement conferences, whether voluntary or mandatory, may come first as well.
Contested divorces typically take longer than uncontested ones and often carry greater emotional and financial strain. Some couples who begin the process in disagreement, seek temporary pre-judgment orders while the case is still pending, and still are ultimately able to resolve their differences through negotiation or mediation before reaching trial. A case can shift a from contested to uncontested partway through, which is not uncommon.
Factors That Can Influence Which Path You’re On
Several elements tend to affect whether a divorce stays uncontested or becomes contested, including:
- The complexity of the couple’s assets and debts
- Whether minor children are involved
- The presence of significant income disparities between spouses
- Whether either spouse is open to mediation
- The overall level of trust and communication between the parties
- Whether there is a history of domestic violence or a power imbalance
Whether contested or uncontested, California law requires a mandatory six-month waiting period before a divorce can terminate marital status, calculated from the date the petition and summons are served or the date the respondent appears, whichever comes first, or the date a joint petition is filed. This waiting period applies under California Family Code Section 2339 and cannot be shortened or waived, even in the most straightforward uncontested cases.
Speak with an Attorney About Your Divorce Options
This article provides general information about California law and is not legal advice for any particular situation.
Every marriage and every separation looks different, and the right path forward depends on your specific circumstances. If you are considering divorce and want to better understand your options, our San Jose divorce attorneys at Foster Hsu, LLP are here to help and talk through your situation during a consultation.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=2339
