What is Uncontested Divorce?


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What is Uncontested Divorce?


A no-contest (or uncontested) divorce is simply a divorce where you and your spouse/partner are generally in agreement. It may not be that the two of you are in agreement on every single minor issue in your divorce. You both certainly don’t have to be happy about the divorce or with each other. However, it does mean that the spouse who does not file the case will not file a Response to contest the divorce on any issue, whether large or small.

The large majority of divorces in California are uncontested cases. They do not require a trial or court hearing. They rarely require any mediation. There is a possibility for a small amount of negotiation between the parties – certainly pre-filing, or even post-filing if unanticipated problems arise, providing that the negotiations mean that you and your spouse return to substantial agreement in the case.