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Last Modified on Sep 16, 2025
Many people do not understand the difference between contested and uncontested divorce cases. A contested vs. uncontested divorce in Connecticut involves fairly simple distinctions. Quite literally, an uncontested divorce is one in which both parties agree on all matters of the divorce. There is no need for compromise or further discussion.
A contested divorce, however, is one in which the two parties do not agree, and litigation is likely necessary to settle the disagreements.
Do You Need to Hire a Divorce Lawyer for an Uncontested Divorce?
Just because a divorce is uncontested does not mean you do not need a divorce lawyer. You still have to draw up the divorce agreement, parenting plan (if children are involved), and other required components. There are also deadlines to meet with the court for certain phases of the process. A family law divorce attorney can do all of this and more, with much less effort on your part than if you attempted to file for divorce on your own.
Many people find that having a lawyer to provide guidance and advice makes it a lot easier to understand and adhere to complex Connecticut divorce laws. Most people who try to file for divorce without a lawyer make mistakes, so they end up having to redo some part of the process or start from the beginning in some cases. This can be costly because every time you refile, you have to pay the court fees.
When you hire a divorce lawyer to handle your case, chances are you will only have to file once. Just because your divorce is uncontested doesn’t mean it doesn’t require legal knowledge and work. Be wary of an unknown law firm that does not require you to meet with your lawyer in person. Steer clear of online sales and offers for discounted uncontested divorces.
Contested vs. Uncontested Divorce in Connecticut
While an uncontested divorce is simple and straightforward, a contested divorce is quite the opposite. A contested divorce is very complicated, and it can get very ugly if you’re not careful. These divorce cases require a lot more than drafting a legally compliant divorce agreement and meeting the court’s deadlines.
This is not the time to hire an inexperienced divorce attorney, especially if there are a lot of assets and/or disagreements between you and your spouse. A true contested divorce ultimately ends in litigation before a judge. This is the last resort and the last thing you want to have to do.
Why You Should Avoid Taking Your Divorce to Court
There are a few reasons to prevent your divorce case from going to trial. First, court proceedings are a matter of public record. Your divorce will be in the public eye, including your assets, disputes over property division, and other personal details. While your final divorce decree will be public record regardless, if courtroom proceedings never occur, they can’t be publicized.
In many cases, a good attorney can offer their client legal advice that can keep the divorce case from going to trial. Tactics like mediation can give the couple a chance to talk things out with an objective third-party perspective. If a compromise can be made, a contested divorce essentially becomes an uncontested divorce.
Another reason you wouldn’t want to carry out your divorce in court is the cost. Litigation can rack up court fees and legal fees associated with the rates of your lawyer. Other potential costs, such as paying an accountant to make a statement regarding your assets, can get out of control quickly.
Most people also do not want a judge who is practically a stranger making decisions regarding their finances, division of property, alimony, child support, and even child custody. These matters are better left to the individuals who know their situation personally and firsthand.
Mediation can also shorten the time it takes to finalize a divorce. Once an agreement is made in mediation, the case can then proceed as if it were an uncontested divorce. A divorce agreement will be drafted and submitted to the court for approval. After the judge approves this, a final divorce decree will be issued. If litigation is required, certain components of the divorce can go back and forth between the parties involved, the judge, and the lawyers.
Once matters are finalized in court, it still takes time for the judge to sign off on everything and for the whole case to be closed. If it is at all possible, an uncontested divorce is by far more advantageous to all parties involved. Modern-day family courts have shifted away from encouraging true contested divorce trials due to the sheer stress and conflict it imparts on the whole family, including children.
Why Choose Us?
Westport has an extremely low amount of crime, and it boasts a nearly 100% high school graduation rate. Connecticut was named number 10 in the nation for being the most well-educated. Westport is known for world-renowned residents, like billionaire investor Marc Lasry, who lives on the Gold Coast.
Thus, it’s not too surprising that the divorce rate in Connecticut is significantly lower than that of the rest of the country. When people here get divorced, they mean it. If you’re facing a divorce, you need a legal team that has frequented this judicial system for years. It is also important to hire a firm that is highly respected and esteemed in local legal circles.
FAQs
How Long Does a Contested Divorce Take in CT?
The time that it takes for a contested divorce case depends on certain factors. The complexity of assets, the level of disagreement, and/or the need for an investigation of finances can all extend the time it takes to finalize a contested divorce. If alternative means are attempted, such as mediation, and it works, it can speed up the process. However, if mediation does not work, it can delay the process even longer.
What Are the Disadvantages of a Contested Divorce?
There are several disadvantages to a contested divorce. These include:
- Court proceedings are subject to public record
- Experiencing an extended timeline due to prolonged or continued litigation
- Costly legal fees
- The court decides the fate of people they don’t even know
Contested divorces also tend to be more heated and less amicable than uncontested divorces.
What Is the Minimum Time for a Contested Divorce in CT?
The minimum time for a divorce to be finalized in Connecticut, whether contested or uncontested, is up to six to nine months. Most of the quickest divorces in Connecticut take around nine months. This is due to a 30-, 60-, or 90-day required wait period between filing for divorce and finalizing the divorce. Outside these wait times, though, other factors can impact the timeframe, including availability of lawyers, court schedules, and other uncontrollable events.
What Is an Uncontested Divorce in CT?
An uncontested divorce in Connecticut simply means that there is no protest from either spouse regarding the divorce terms. In an uncontested divorce, both parties agree to everything that is going into the divorce agreement. There is no dispute, and no further discussion is needed for any conditions of the divorce, such as child custody, child support, alimony, division of property, and others. No courtroom trial or litigation is necessary in an uncontested divorce.
Contact a Seasoned Connecticut Divorce Attorney
If you have questions regarding a contested or uncontested divorce, Reich & Truax, PLLC, would be happy to have a meeting with you and answer your questions. Contact our office to schedule a consultation.
