Can Uncontested Divorce Become Contested?
Quick Answer: Yes, uncontested divorce can become contested if spouses disagree on any terms during the process, requiring conversion to contested procedure.
Common Reasons for Change
- Spouse changes mind about terms
- New assets or debts discovered
- Custody disagreement emerges
- One party feels agreement is unfair
- Financial situation changes significantly
- One spouse gets legal advice and reconsiders
What Happens Next
Process converts to contested divorce. Must serve Verified Complaint if only filed Summons with Notice. Discovery process begins. May need court conferences. Timeline extends to 1-2 years. Costs increase significantly.
Can Be Avoided By
Clear communication upfront, fair settlement terms, attorney review of agreement, addressing concerns early, mediation if disagreements arise.
Going Back to Uncontested
If spouses later reach agreement: File stipulation of settlement, submit to court for approval, can finalize as uncontested, saves time and money.