Uncontested vs. Contested Divorce in Utah: Which Path Is Right for You?

January 8, 2026

Uncontested vs. Contested Divorce in Utah: Which Path Is Right for You?

Ending a marriage is never easy, but understanding your options can make the legal process clearer and less overwhelming. In Utah, divorcing couples generally fall into two categories: uncontested divorce or contested divorce. Each path has different timelines, costs, emotional impacts, and legal requirements.


At Harward & Hawes, our experienced family law attorneys help clients in Draper and throughout Utah determine the best approach for their situation. Whether you and your spouse agree on the major issues or need strong representation in a dispute, our team offers personalized, compassionate support every step of the way.


What Is an Uncontested Divorce in Utah?

An uncontested divorce occurs when both spouses agree on all major issues, including:


  • Division of property and debts
  • Child custody and visitation
  • Child support
  • Alimony (spousal support)
  • Any other relevant matters


Because there is no dispute for the court to resolve, uncontested divorces tend to be:


✓ Faster

Cases often move more quickly through the court system.


✓ Less expensive

Fewer court appearances, filings, and attorney hours mean lower legal costs.


✓ Less stressful

The process is smoother and more amicable for both parties—especially when children are involved.


✓ More private

Less courtroom involvement means fewer details become part of the public record.


Even in uncontested divorces, having a divorce attorney is essential to ensure the agreement is fair, enforceable, and aligned with Utah law. Harward & Hawes can help draft or review your settlement to protect your rights before filing.


What Is a Contested Divorce in Utah?

A contested divorce happens when spouses cannot agree on one or more key issues. Disagreements may involve:


  • Custody or parenting time
  • Who keeps the family home
  • How to divide marital assets
  • Whether alimony should be paid
  • Financial misconduct
  • Safety or domestic issues


Because the court must step in to resolve these disputes, contested divorces typically involve:


✓ More time

Court hearings, mediation, discovery, and trial preparation extend the timeline.


✓ Higher legal costs

More complex issues require more attorney involvement.


✓ Greater emotional strain

Conflict can heighten stress, especially for children.


✓ Formal court decisions

A judge ultimately has the power to decide unresolved issues.


While contested divorces can be challenging, strong legal representation can make a significant difference. Harward & Hawes advocates for your interests and works to achieve a fair outcome—whether through negotiation, mediation, or litigation when necessary.


Which Path Is Right for You?

Choosing between an uncontested and contested divorce depends on your unique situation. Consider these questions:


1. Do both spouses agree on major decisions?

If yes, an uncontested divorce may be appropriate.


2. Is there transparency about finances, assets, and debts?

Disputes often arise when one party suspects hidden or mismanaged finances.


3. Are emotions manageable, and communication still possible?

Constructive communication supports uncontested resolutions.


4. Are there complex issues such as business ownership or high-value assets?

Even if communication is good, complicated estates may require more detailed legal involvement.


5. Are there concerns about safety, control, or past behavior?

Contested litigation may be necessary to protect your rights and your children.

Every divorce is different. Our attorneys evaluate your circumstances and help you choose the most effective and least stressful approach.


Why Work With Harward & Hawes?

At Harward & Hawes, we understand the personal and financial weight of divorce. Our firm provides:


  • Customized legal strategies
  • Compassionate guidance through each step
  • Strong advocacy for contested matters
  • Clear, fair agreements for uncontested divorces
  • Support in related cases, including custody, child support, paternity, and modifications


We work to protect your future while minimizing unnecessary conflict and stress.


Schedule Your Consultation Today

Whether you’re considering divorce or already beginning the process, you deserve clear guidance from a knowledgeable legal team.

Call Harward & Hawes at 801-506-3800 to schedule a consultation with an experienced divorce attorney in Draper, Utah.

Gavel on
December 11, 2025
Navigate the Utah probate process with confidence. Learn how a Probate Law Attorney in Draper can help validate wills, settle debts, and guide families through estate administration with clarity and compassion. Contact Harward & Hawes at 801-506-3800.
Hands shaking over a stack of cash, likely a Business Transactions Attorney in Draper
November 14, 2025
Protect your Utah business from costly legal mistakes. Learn why working with a Business Transactions Attorney in Draper is essential for avoiding risks, staying compliant, and ensuring smooth, secure business operations. Call Harward & Hawes at 801-506-3800.
October 2, 2025
What to Do After a Truck Accident in Utah: A Legal Guide
September 4, 2025
Why Paternity Matters: Legal, Financial and Emotional Benefits for Your Child
Gavel on a wooden surface with law books in the background, suggesting a courtroom or legal setting.
August 7, 2025
Essential Contracts for Small Businesses in Draper
A black and white photo of a highway with cars on it.
January 23, 2025
Auto Accident Attorney: Get the Compensation You Deserve
December 26, 2024
How a Divorce Attorney Can Help You Through the Divorce Process
November 28, 2024
Why You Need a Will: Insights from Harward & Hawes