What is the Difference Between a Contested and Uncontested Divorce?

Contested and Uncontested Divorce

If you’re considering divorce in Oklahoma, one of the first decisions you’ll face is whether the divorce will be contested or uncontested. The difference between the two lies in how much you and your spouse agree on key issues—and that difference can affect everything from the timeline to the emotional toll and the cost of the process. Here’s what you need to know about contested and uncontested divorces in Oklahoma.

What is an Uncontested Divorce?

An uncontested divorce happens when both spouses agree on all the major issues before going to court. These issues include:

  • Division of property and debts
  • Child custody and visitation
  • Child support
  • Spousal support (alimony)

Uncontested divorces are typically faster, less expensive, and less stressful. Because the court doesn’t have to resolve disputes, the process can move forward with minimal hearings. You may even be able to finalize the divorce without going to court at all, depending on the county and judge.

What is a Contested Divorce?

A contested divorce occurs when the spouses disagree on one or more issues. These disputes may involve child custody, division of assets, who keeps the house, or whether either party will pay spousal support.

When disagreements exist, the divorce process can become longer and more complex. The court may schedule hearings, require mediation, and ultimately decide unresolved issues at trial.

If your divorce is contested, you’ll need to go through several steps:

  1. Filing and response – One spouse files for divorce, and the other responds.
  2. Discovery – Both parties exchange financial records and evidence.
  3. Motions and hearings – Parties may request temporary orders (e.g., custody, support).
  4. Mediation or negotiation – You may try to settle without a trial.
  5. Trial – If parties cannot reach an agreement, a judge will make final decisions.

Contested divorces often take months or even years to resolve and typically cost more due to the increased time and legal work involved.

Which Type of Divorce is Right for You?

When deciding what type of divorce is right for you, here are some questions to consider:

  • Do you both agree on who gets what property?
  • Do you agree on child custody and visitation?
  • Can you reach an agreement on financial support?

If the answer is “yes” to most of these, an uncontested divorce may be possible. If not, a contested divorce may be necessary—but that doesn’t mean a courtroom fight is inevitable. Many contested divorces settle before trial.

Tulsa Divorce Attorneys

Whether your divorce is contested or uncontested, our team can help guide you through every step. We serve clients across Oklahoma and are ready to protect your rights and help you achieve a fair outcome. Contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or contact us online.