Divorce is never really "easy." After all, it represents the failure of a marriage and the breakup of a family. But some divorces are easier than others. If the spouses can put aside their emotions and come to an agreement on the terms of the divorce, then they don't have to fight it out in court. This is known as an uncontested divorce, and it's simpler, quicker and less expensive than a contested divorce.
Issues
Every divorce comes with a thicket of issues that have to be addressed. Among the biggest questions, as outlined by DivorceNet.com: Who gets to stay in the house, or should the house be sold? How will the couple's assets be divided--evenly, or weighted toward one spouse? Who's responsible for paying off debt? Will there be alimony or child-support payments? And often the most fiercely fought issue of all: Who gets custody of the children? During the divorce process, these questions must be answered. If the spouses can't agree on the answers, then a judge will do it for them.
Uncontested
If the spouses can agree on how to divide assets and how to handle custody of the children, they may be able to get their divorce without ever seeing the inside of a courtroom. In an uncontested divorce, the couple fills out divorce papers together and files them with the court, along with a "marital settlement agreement" that spells out their arrangements. According to the legal information site Nolo.com, if a couple do their homework, they don't even need a lawyer to complete an uncontested divorce--although it's not a bad idea to bring one in just to make sure the papers are in order. A judge still has to grant the divorce, which is basically a formality in uncontested cases. The only hitch might come if the judge determines that the settlement agreement is patently unfair to one spouse or the other, in which case he'll send it back for revision.
Contested
A contested divorce will almost certainly be unpleasant, and depending on the depth of the disagreements, it can be a nightmare. Each spouse needs a lawyer, because the case is going to be decided in court. At trial--and make no mistake, a divorce proceeding is indeed a civil trial--a judge listens to both sides, then makes the decisions that the spouses couldn't make for themselves. The judge's ruling is final.
Time Frame
Every state has a waiting period between the time you file papers and the time a divorce can be granted. In an uncontested divorce, a judge can usually grant the divorce as soon as the waiting period is up. In a contested divorce, the trial itself is rarely very long; Nolo.com says it's not uncommon for one to wrap up within a day. But the road to trial can be long, with depositions, investigations and other pretrial proceedings that stretch out for months.
Cost
The cost differential between uncontested and contested divorce is enormous. According to Nolo.com's "Essential Guide to Divorce," published in 2008, a contested divorce can easily run into the tens of thousands of dollars--for each spouse. Compare that with an uncontested divorce, for which you might have to pay only court filing fees, plus perhaps the cost of books to study up on the process. If you hire professional advisers, such as a lawyer to review your papers or a mediator to help you hammer out a deal, you can expect to pay a few thousand dollars more.
