The Difference Between Contested and Uncontested Divorce in Ohio

When you’re getting a divorce, you want to make sure that it’s as easy, quick, and painless as possible. Understanding the differences between contested and uncontested divorces isn’t as complicated as you might think.

When you’re getting a divorce, you want to make sure that it’s as easy, quick, and painless as possible. This is already a difficult situation for you and your family, and you don’t want to drag it out longer than you have to.

If you’re wondering how to speed up the process, then you may want to consider getting an uncontested divorce if that’s an option for you.

What Is an Uncontested Divorce?

An uncontested divorce is a divorce in which both spouses agree to get a divorce, as well as agree to the key issues such as dividing marital assets, child custody, child support, and alimony. Typically, if you file for a no-fault divorce in which the spouses didn’t do anything wrong to one another but simply have irreconcilable differences, then you’ll likely also have an uncontested divorce.

What Is a Contested Divorce?

A contested divorce is when one spouse does not agree to the divorce or does not agree on the key issues. You may see this in a fault divorce, where one spouse was perhaps adulterous, cruel, neglectful, abandoned the other spouse, or habitually used drugs and/or alcohol.

Contested vs. Uncontested Divorce in Ohio

If you file for an uncontested divorce in Ohio, then once your spouse is legally served divorce papers, they have 42 days to respond. If they choose not to respond or go to court, then you will automatically be granted the divorce.

If you file for a divorce in Ohio and your spouse contests it, then you will need to go to court and/or mediation to hash out your issues and come to an agreement. The longer it takes for you to reach an agreement, the longer your case will drag on.

In either scenario, it’s helpful to hire representation so you can have an advocate on your side and get what you need.

Contact a Divorce Lawyer Today


If you are looking into divorce or you’re already in the process of getting a divorce and need representation, then reach out to Richard P. Arthur, Attorney at Law, at 937-254-3738 for a consultation. He has nearly three decades of experience advocating for Dayton and Trotwood clients and ensuring they have as smooth of a divorce as possible.