Divorce is never easy.
Throwing child support and custody battles into the equation just makes it even worse.
One thing a lot of people don’t realise though? Not all divorces are created equal.
Depending on your situation — contested vs uncontested divorce will impact your wallet, your schedule, and your sanity.
Picking the wrong path can leave you dragged through years of litigation and thousands of dollars in fees.
What gives?
Here’s a full breakdown of contested vs uncontested divorce — and where child support divorce cases come into play.
Table of Contents
- What Is an Uncontested Divorce?
- What Is a Contested Divorce?
- Main Differences Between the Two Divorce Types
- How Child Support Affects Your Divorce
- Contested vs. Uncontested: Which One Should You Choose?
What Is an Uncontested Divorce?
An uncontested divorce occurs when you and your spouse agree on every single aspect of the divorce.
This includes:
- Property division
- Child custody
- Child support
- Spousal support/alimony
- Debt
The easier both parties can agree on these terms, the quicker the entire divorce process goes. The average cost of an uncontested divorce is $4,100. Since there’s no dispute between spouses, court involvement is rare.
It’s the easiest way to get divorce proceedings done with.
What Is a Contested Divorce?
A contested divorce is almost the exact opposite.
A contested divorce is any divorce in which you and your spouse don’t see eye-to-eye on one or more major issues.
It could be who gets the family home. It could be who gets custody of the children.
Or…it could be fighting over a child support divorce case.
It’s very common for divorces to become contested over child support.
When two sides can’t agree on who pays child support and how much, when it gets paid, and who’s responsible for other expenses involved with taking care of the children.
These divorces tend to drastically increase your expenses.
Contested divorces can average around $12,900 because of fees associated with court appearances.
You’ll need lawyers to represent you in hearings. And you may even need to appear before a judge to have some of the divorce terms dictated for you.
But here’s the good news. If you’re struggling with a contested child support divorce case in Illinois, working with a knowledgeable Schaumburg divorce attorney from the get-go can help you avoid long-term litigation. A skilled attorney will always try to negotiate with the other party and reduce your overall legal costs while ensuring your parental rights and financial resources are protected.
Main Differences Between the Two Divorce Types
Here’s a quick cheat sheet comparing contested vs. uncontested divorce:
| Divorce Type | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Sides Agree | Yes | No |
| Average Cost | ~$4,100 | ~$12,900+ |
| Average Timeline | Weeks — a couple of months | Months — a few years |
| Court Involvement Needed | Very little | A lot |
| Do You Need a Lawyer? | Yes | Definitely yes |
There’s a reason contested divorces take longer and cost more.
With contested divorces, you have to pay attorney fees. You have to spend more time away from work attending hearings. And you have to deal with the emotional trauma of dragging your family through court.
If at all possible, you want an uncontested divorce.
Unless your spouse is willing to agree with you on every term, you’re going to court.
How Child Support Affects Your Divorce
Okay, now we’re getting into the details.
As you might have guessed — divorces turn contested when a couple can’t agree on who pays child support.
As mentioned before, child support is one of the most contested issues in every divorce.
Both parties know that child support could take away a big chunk of their paycheck each month, and they have to take care of that responsibility for years to come.
When disagreements like this occur:
- Who pays child support?
- How much do they pay?
- When is it paid?
- Who is responsible for childcare bills, healthcare, college funds, etc.?
…you’re looking at contested divorce territory.
Keep in mind this:
Approximately 12.2 million children were served by the US child support program in 2024. That’s according to Clio’s recent family law statistics article. And while that number is large, studies show that less than 25% of single-mother families received child support.
You read that right.
Only 25%.
Due to the complicated nature of divorce and child support disagreements, it’s vital to have strong legal assistance on your side. An attorney will ensure that the proper child support divorce agreements are established… and enforced.
Hopefully, however, your situation doesn’t end up in court.
90% of custody cases settle out of court. So rest easy knowing that the right attorney can negotiate on your behalf and help you reach an agreement without stepping foot in a courtroom.
Contested vs. Uncontested: Which One Should You Choose?
This answer totally depends on you and your spouse.
If you two can agree on terms and want to avoid the courts — do everything in your power to keep the divorce uncontested.
It’s cheaper. It’s quicker. And it’s healthier for everyone involved.
But
If you and your spouse cannot agree on divorce terms — especially if you’re fighting about who pays child support — you’re going to court.
Ask yourself these questions:
- Can you and your spouse sit down and have a civil discussion about the divorce?
- Are there children involved?
- Is there a huge income gap between you and your spouse?
- Is your spouse already working with a lawyer?
If you answered yes to any of the above, you may be heading toward a contested divorce.
As a side note, you should always have a lawyer review your divorce terms beforehand. Even if it’s uncontested. You never know what you could be missing in the agreement. A simple mistake can cost you later on — particularly with child support payments.
Wrapping Everything Up
There are two types of divorce: contested and uncontested. Deciding which route you’re going to take might not be obvious at first, but there are certain aspects you should consider before jumping in headfirst.
Here’s your quick takeaway:
- An uncontested divorce is much quicker and cheaper.
- A contested divorce happens when you and your spouse cannot agree.
- Child support is the biggest reason divorces become contested.
- Having a lawyer by your side is essential during a child support divorce.
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