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Last Modified on Jan 17, 2026
Contested vs uncontested divorce in California: What’s the difference? Whether you have been served with divorce papers or are considering initiating the divorce process, you may not know the difference or which would be better for your circumstances.
Hire a Divorce Lawyer
Even before the divorce process begins, you can benefit when you hire a divorce lawyer. You may have questions or worry that you aren’t doing the right thing. At the Law Offices of Tracy Duell-Cazes, we listen to your needs and offer clear explanations of your options.
Divorce Rates in California
In the United States, the divorce rate has been on the decline since the 1980s. As of 2023, the divorce rate is 14.4 divorces per 1,000 married women.
With a population of 38,965,192, as of 2023, California is home to 13,699,816 households. Of those households:
- 60% are married couples
- 8% are male-headed
- 17% are female-headed
Only 48% of California residents are married. Roughly 7% of male residents and 10% of female residents were divorced as of 2023.
Divorce cases are heard in the Family Law Division of the Superior Court of California. You can file for divorce in the superior court for the county in which you live.
Divorcing in California
Regardless of the type of divorce, some basic steps have to be followed. In California, for instance:
- You have to file a petition for divorce in the superior court in the county where you live.
- You have to serve your spouse with the divorce papers and any other documents submitted when the divorce petition was filed.
- You have to wait six months after your spouse is served before the divorce can be finalized.
Contested Divorce in California
A contested divorce is one in which the couple cannot come to an agreement about one or more divorce-related issues. Couples often disagree on how assets are to be distributed or how child custody or child support should work.
There are several ways divorce-related issues can be resolved, which include:
- Negotiations: Negotiations can be made between spouses or with the help of their attorneys to make decisions regarding divorce-related issues.
- Mediation: This involves a trained third party who can lead negotiations to solve divorce-related issues. This process is confidential and can be beneficial without having to appear in court. If agreements are not reached, the mediation is treated as if it never occurred.
- Trial: If all other efforts fail produce an agreement, the couple can take the case to court for a judge to decide.
A contested divorce often takes longer, and additional expenses are required. If negotiations or mediation are attempted, both spouses are often charged per session for the services of their attorney or the mediator.
If the case goes to court, the attorney’s costs can be significantly higher. Little can be done if either spouse is unhappy with the decisions made by the judge regarding how assets are divided or how alimony, child custody, or child support are arranged.
Uncontested Divorce in California
When a divorce is uncontested, it means that both spouses agree on certain aspects of the divorce. Most often, these aspects include:
- How community property is divided
- How debts are divided
- If and how much alimony is paid
- Child custody and child visitation arrangements
- Child support payment arrangements
An uncontested divorce is usually resolved as soon as the six-month waiting period has been completed and costs less in the long run. If issues come up before the divorce has been finalized, an uncontested divorce can become a contested divorce.
FAQs
Is It Worth Contesting a Divorce in California?
It can be worth contesting a divorce in California if you are not receiving an equitable share of the community property acquired during the marriage or there are issues deciding on alimony, child custody, or child support payments.
When one spouse is making unreasonable demands, it can be beneficial to have a neutral third party, such as a judge, review your divorce case and make important decisions. When domestic violence is a factor, a neutral third party can be beneficial.
Are Most Divorces Contested or Uncontested in California?
Most divorces in California are uncontested. As long as both spouses can agree on important issues such as the division of community property, alimony, and child custody and support, an uncontested divorce is ideal.
An uncontested divorce is often quicker and less expensive compared with a contested divorce. When disagreements do occur, mediation can be a less expensive alternative to a traditional contested divorce.
What Are the Benefits of Contesting a Divorce?
A contested divorce is often presented as the less favorable option when getting divorced, but there are some benefits to a contested divorce. When one spouse refuses to cooperate, is unreasonable, or tries to hide assets, judicial oversight is crucial.
A contested divorce also protects the rights of both spouses to an equitable share of the community property. You can also more easily protect your children’s interests during a contested divorce.
What Are the Grounds for Divorce in California?
California is strictly a no-fault divorce state, meaning the vast majority of divorces are filed under irreconcilable differences. In very rare cases, incurable insanity can be used when one spouse has become permanently mentally incapacitated.
Fault-based reasons for divorce, such as infidelity or domestic violence, do not affect the divorce process, but can be used in related cases such as alimony, child custody, or child support.
Is an Uncontested Divorce Faster Than a Contested Divorce in California?
Yes, an uncontested divorce is typically faster than a contested divorce in California. Both contested and uncontested divorces can only be initiated after six months of residency in California and three months in the county where the divorce is filed.
There is also a six-month waiting period from when your spouse is served until the divorce can be finalized. When the divorce is uncontested, it can usually be finalized on the first day after the six-month waiting period ends.
Contact the Law Offices of Tracy Duell-Cazes
With several decades of experience, Attorney Duell-Cazes has represented numerous people as they experience the divorce process. Divorce is never easy, but an experienced divorce attorney can make the process easier. Contact the Law Offices of Tracy Duell-Cazes today to schedule your initial consultation.
