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









