Not every divorce is resolved peacefully. When spouses can’t agree on one or more major issues, a contested divorce may become necessary.

While this route is often more complex, expensive, and emotionally charged, it can offer critical protections when mutual agreement isn’t possible.

The median cost of a divorce in the U.S. is $7,000, while the average ranges from $15,000 to $20,000, according to a 2025 report by Forbes.

But this is not a one-size-fits-all price tag. More complicated “contested” divorces can be significantly more expensive, especially when litigation, expert witnesses, or extended trials are involved.

This guide explains what a contested divorce entails, how the process works, and when it might be the right choice.

What Is a Contested Divorce?

A contested divorce happens when spouses cannot agree on at least one significant term of their separation. These disagreements might involve:

• Child custody or parenting schedules

• Property and asset division

• Spousal or child support

• Responsibility for debts

Most people in contested divorces choose to hire attorneys, since the process involves legal filings, evidence, and court appearances.

Each side presents arguments to the court, and a judge decides the final outcome. If either party disagrees with the decision, they may file an appeal, adding more time and cost.

Contested vs. Uncontested Divorce

In contrast, an uncontested divorce occurs when both spouses agree on all key terms before filing. The couple submits a joint settlement agreement for court approval, usually avoiding a trial.

Contested divorce is typically chosen when:

• The dispute involves high assets or complex property

• Safety is a concern (e.g., abuse, coercion)

• One spouse refuses to cooperate or hides information

In these cases, contested divorce may be the only way to ensure a fair and enforceable outcome.

When Is a Contested Divorce Necessary?

You may need a contested divorce if:

• Your spouse refuses to negotiate or compromise

• One party is hiding assets or being dishonest

• You're divorcing someone manipulative or abusive

• There are major disagreements about children, finances, or property

The legal process offers structure and protection that private negotiations sometimes cannot.

How Much Does a Contested Divorce Cost?

Contested divorces are significantly more expensive than uncontested ones. The average cost can exceed $15,000 per person, covering:

• Attorney retainers and hourly fees

• Court filing costs

• Expert witnesses (custody evaluators, forensic accountants)

• Mediation or arbitration sessions

• Copies, certified documents, and court appearances

Additional indirect costs may include time off work, travel, and child care.

How Long Does It Take?

The timeline varies widely, depending on:

• Number and complexity of disputed issues

• Your state’s waiting periods

• Court calendars

• Willingness to negotiate

Some contested divorces resolve within 6 to 12 months. Others may stretch beyond two years, especially with trials or appeals involved.

Pros and Cons of a Contested Divorce

Pros

• Legal protections – Courts can compel disclosure and prevent unfair tactics

• Fair enforcement – Judges ensure outcomes are equitable

• Protection from manipulation – Helpful when abuse or coercion is present

• Binding judgment – The final court order must be followed by both parties

Cons

• Expensive – Attorney and court costs can escalate quickly

• Lengthy – The process can stretch over months or years

• Emotionally draining – Particularly difficult for families with children

• Less private – Court records are often public

The Contested Divorce Process: Step-by-Step

Step 1: Identify Disputed Issues

Clarify what you and your spouse disagree on — custody, support, property, etc. This shapes your legal approach and filing.

Step 2: File for Divorce

One spouse (the petitioner) files the divorce petition. The other spouse (the respondent) responds, either agreeing or contesting the terms.

Step 3: Explore Resolution Options

Most states encourage attempts to settle before trial. Options include:

• Mediation – Neutral third party helps find common ground

• Collaborative divorce – Each party has an attorney; neutral professionals assist

• Attorney-led negotiation – Lawyers work to resolve disputes outside court

These approaches can save time, money, and stress.

Step 4: Discovery & Motions

If resolution fails, both sides enter discovery. This includes exchanging documents and witness lists. Attorneys may also request temporary court orders.

Step 5: Trial

Each side presents their case. A judge reviews evidence, hears testimony, and issues rulings on disputed issues.

Step 6: Final Judgment

After trial, the judge issues a final divorce decree. This legally binding order addresses custody, finances, and asset division. In some jurisdictions, both spouses must appear to finalize the order.

Can a Contested Divorce Become Uncontested?

Yes. You can reach an agreement at any time before trial, or even during it. If both parties agree on all terms, you may convert the case to uncontested and avoid further litigation.

Do You Need a Lawyer?

In most contested divorces, yes. Legal support is especially important if:

• You expect disputes about parenting, money, or complex assets

• Your spouse has already hired a lawyer

• You’re concerned about fairness or safety

• You don’t feel confident navigating the legal system alone

A family law attorney can protect your rights and help you navigate negotiations and court.

The Bottomline

Contested divorce should be a last resort. It’s often more time-consuming, costly, and stressful than other paths. But for some couples, especially when trust is broken or safety is a concern, it may be the best way to protect what matters.

Before choosing this route:

• Talk to your spouse if safe and possible

• Explore mediation, collaboration, or negotiation

• Know your rights, your responsibilities, and your resources

If court becomes necessary, you're not alone. With preparation, trusted support, and a clear understanding of the process, you can protect your future and move forward with confidence.

Need support navigating divorce? Divorce.com offers mediation, document prep, and expert help when you need it — on your terms.