The California sun has a way of making everything look calm on the surface. But behind closed doors, many couples are quietly facing some of the hardest decisions of their lives. Divorce in the Golden State can be a complex, emotionally charged, and confusing process. For many, the first step is understanding the difference between contested and uncontested divorce in California.
Whether you and your spouse agree on everything or can’t see eye to eye on a single issue, knowing what kind of divorce you’re facing helps you prepare for what’s ahead. The distinction can shape the time, cost, and stress involved in ending a marriage. If you’re unsure which path fits your situation, contact us online or call (661) 799-9140 to speak with our team and gain clarity about your next steps.
What Is the Difference Between Contested and Uncontested Divorce in California?
In California, every divorce starts with the same basic process:
- Filing a petition;
- Serving the other spouse, and
- Waiting at least six months before finalizing the judgment.
The key difference is whether you and your spouse agree on the major terms of your separation or need to have a judge settle them for you.
Uncontested Divorce
The most straightforward path to legally ending a marriage is an uncontested divorce. Meaning both spouses agree on all aspects of the divorce before filing, it is a process that requires little to no judicial involvement. Uncontested divorces require alignment on how to divide property, debts, and, if applicable, child custody and support arrangements.
The process can be even more straightforward for couples who meet California’s summary dissolution requirements. Summary dissolution allows eligible couples to file jointly without appearing in court. Eligible couples include those who have been married for less than five years, have no children, and have limited assets.
Contested Divorce
A contested divorce’s definition is one in which the spouses cannot agree on one or more major issues, such as property division, alimony, or child custody. These disputes must be resolved through negotiation, mediation, or trial.
Contested divorces generally take longer because they involve additional legal steps, court filings, and hearings. However, for many couples, they are unavoidable when emotions, finances, abuse, or trust issues stand in the way of resolution.
If your case becomes contested, an experienced attorney can help protect your rights while working toward a fair outcome.
Which Type of Divorce Is Faster?
An uncontested divorce is typically much faster than a contested one. California law imposes a mandatory six-month waiting period after the initial filing before any divorce can be finalized, even if both parties agree on all terms. In uncontested cases, this waiting period is often the longest part of the process.
By contrast, contested divorces can take a year or more, depending on the complexity of the issues and the court’s schedule. Cases involving children, real estate, or high-value assets usually take longer to resolve.
Uncontested vs. Contested Divorce Cost Comparison
The cost of divorce varies in California. In general, uncontested divorces are more affordable because they require fewer court appearances and less attorney time.
Uncontested cases typically cost between $1,500 and $5,000, depending on their complexity and the level of attorney involvement. Contested divorces, however, can range from $10,000 to $50,000 or more, particularly if they go to trial.
Costs can also increase based on factors such as:
- Disputes over child custody. Cases involving children require additional hearings, evaluations, and guardian reports.
- Disagreements over property or debt. High-value assets, businesses, or real estate often require appraisals and expert testimony.
- Court motions and discovery. The more documents, witnesses, and motions involved, the longer and more expensive the process becomes.
When it comes to money, transparency and preparation are key. Discussing your goals and expectations early with your attorney helps control costs.
Can an Uncontested Divorce Become Contested Later?
Yes. An uncontested divorce can become contested if new disagreements arise after filing. Disputes over custody or hidden assets can often make a case contested. The case can also turn contested if one spouse changes their mind about an agreement or refuses to cooperate. Even minor misunderstandings about finances, parenting time, or property division can escalate and lead to court intervention and extended timelines.
A skilled attorney can help prevent such situations from occurring. They can draft clear and enforceable settlement agreements to guide negotiations and avoid conflicts. With early legal guidance, couples can often maintain cooperation and respect.
Do I Need a Lawyer for an Uncontested Divorce in California?
Technically, you can handle an uncontested divorce on your own. However, mistakes in paperwork or misunderstood agreements can cause delays or unexpected consequences.
A lawyer can review your settlement to ensure it complies with California law, reflects your wishes, and protects your long-term interests. Having legal guidance brings peace of mind. It is even more essential when children, property, or retirement accounts are involved.
Finding the Right Path for Your Situation
Divorce is not one-size-fits-all. Some couples can agree on everything and move through the process with minimal conflict. Others require the court’s assistance to resolve significant issues. What matters most is choosing the path that protects your rights and sets you up for a stable future.
If you and your spouse can communicate openly and reach an agreement, an uncontested divorce may be your best route. If you anticipate conflict or if your spouse refuses to cooperate, you’ll likely need to pursue a contested divorce with legal representation.
Either way, knowing the difference between contested and uncontested divorce in California gives you the knowledge you need to move forward strategically. A lawyer can help you assess whether an uncontested vs. contested divorce is best, depending on your situation.
Why Work with Barnholtz & Kugler
Divorce doesn’t have to define your future. It can help you reclaim it. At Barnholtz & Kugler, our attorneys have more than 60 years of combined legal experience guiding clients through divorce. We have handled everything from amicable uncontested filings to high-conflict contested cases. We focus on protecting what matters most: your children, financial stability, and peace of mind.
Serving clients throughout California, we offer clear communication, compassionate representation, and practical strategies. Our goal is to minimize stress and achieve fair resolutions. Whether filing for an uncontested divorce or preparing for litigation, we can help you navigate each step.
Contact Barnholtz & Kugler today to schedule a consultation and take the first step toward a more secure tomorrow. You can also contact us online or call (661) 799-9140 to speak with a member of our team and begin moving forward with confidence.