Contested Vs. Uncontested Divorce In Maryland: What’s The Difference?

When facing divorce in Maryland, one of the first questions many clients ask is how an uncontested divorce differs from a contested divorce.  From the process itself to the timeline for getting divorced, there are many important differences between uncontested and contested divorces.  Understanding the difference between these two paths can help you set realistic expectations and make informed decisions about your case.

What Is An Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all major issues related to ending their marriage. This includes:

• Division of marital property, including real estate, retirement accounts and other assets;
• Division of marital debts;
• Alimony;
• Child custody and visitation schedules;
• Child support amounts; and
• Any other relevant matters

In Maryland, when both spouses agree to all of the terms of their divorce, their agreement is typically embodied in a Marital Settlement Agreement or other, similar document.  A Marital Settlement Agreement is a binding contract which both spouses sign and forms the basis for an uncontested divorce.  It is always advisable for each party to have independent counsel to draft and review the Marital Settlement Agreement so that each party’s respective interests are protected and the document accurately reflects the parties’ agreement.

Once the Marital Settlement Agreement is signed, both parties are eligible to seek an absolute divorce based on the grounds of mutual consent pursuant to Md. Code Ann., Fam. Law § 7-103 (a)(3).  In Maryland, an “uncontested divorce” is generally synonymous with seeking a divorce based on mutual consent since the parties are representing that they have mutually resolved all of their issues in a written agreement.

An uncontested divorce is typically faster, less expensive, and less emotionally draining than a contested divorce. Because there’s no need for extensive court hearings or trial preparation, many uncontested divorces can be finalized within a few months.

What Is A Contested Divorce?

A contested divorce happens when spouses cannot agree on one or more significant issues. Even if you agree on most matters, disagreement on a single major issue – such as custody of your children or division of a retirement account – means your divorce is contested.  In a contested divorce, one or both spouses are asking the Court to make a decision on the contested issues since the parties cannot reach a mutual agreement themselves.

Common Issues That Lead To Contested Divorces

While every divorce is unique, these issues frequently create disputes:

• Child custody and parenting time: Disagreements about where children will live and how much time they’ll spend with each parent;
• Child support: Disagreements about how much child support one spouse should pay to the other;
• Property division: Conflicts over how to divide the marital home, retirement accounts, businesses, or other valuable assets;
• Alimony: Disputes about whether one spouse should pay support, and if so, how much and for how long;
• Hidden assets: Concerns that one spouse isn’t being fully transparent about income or property; and
• Dissipation: When one spouse depletes or improperly disposes of marital assets (which would otherwise be subject to division with the other spouse) for a non-marital purpose. To learn more about dissipation of marital property in Maryland, click here (https://www.greenberglegalgroup.com/dissipation-marital-property-maryland/).

Contested divorces are typically much more involved and take longer, particularly if the case goes to trial.  Both parties will likely have to file a number of pleadings with the Court, participate in discovery and attend numerous different Court hearings.  This process can take anywhere from several months to over a year, depending on the complexity of the issues and if the case goes to trial.

Can A Contested Divorce Become Uncontested?

Absolutely. In fact, this happens frequently. Many divorces that start as contested cases settle before trial as both parties realize the benefits of reaching an agreement. Through negotiation, mediation, or settlement conferences, spouses often find common ground even after months of disagreement.

Working with experienced family law attorneys can help facilitate productive negotiations and increase the likelihood of settlement.

Which Path Is Right For You?

If you and your spouse can communicate and compromise, an uncontested divorce offers significant advantages. However, certain situations may require a contested approach, such as if one spouse is refusing to negotiate or being completely unreasonable in their demands.  An experienced Maryland divorce attorney can help you understand which path makes sense for your specific situation.

The Bottom Line

Whether your divorce is contested or uncontested, having skilled legal representation helps protect your rights and interests. An uncontested divorce can save you time, money, and stress—but only if the agreement is fair and comprehensive. A contested divorce, while more difficult, may be necessary to achieve a just outcome when genuine disputes exist.

The attorneys at Greenberg Legal Group LLC have extensive experience handling both contested and uncontested divorces in Maryland. We’re here to help you navigate this challenging time and work toward the best possible outcome for you and your family.