Contested And Uncontested Divorce In Florida

In this article, you will learn…

• The key difference between a contested and uncontested divorce,
• What the main factors in a divorce typically are,
• What the process is for an uncontested divorce.

What Is The Difference Between A Contested And Uncontested Divorce In Florida?

In Florida, the key difference between a contested and uncontested divorce is that, in an uncontested divorce, the parties are in full agreement.

The main issues to resolve in a divorce are going to be…

• What are the assets from the marriage,
• How to distribute those assets,
• What are the debts in the marriage,
• How to distribute the responsibility for those debts,
• Custody and visitation of minor children,
• Child support, and
• Alimony

An example of an asset would be the family home. The parties would need to determine who resides in the home, whether or not the home is sold, and how the funds from that sale are then distributed.

Similarly, an agreement must be reached on the responsibility of debts accrued during the marriage. There are many things that can be considered assets within a marriage, especially if the parties were married for a good number of years.

If both parties can come to a complete agreement on all of these factors, they are able to file an uncontested divorce. Uncontested divorce is the preferred path, if at all possible, because they provide a way to…

• Reach dissolution (finalization) faster,
• Complete the process in a more affordable manner, and
• Resolve matters in a less stressful environment for all parties involved.

In an uncontested divorce, the attorney will put together the paperwork and have both parties review and sign the documents to show that they are in agreement. That paperwork is then filed and the divorce is finalized, often without any need for a hearing.

Unfortunately, there will be many times when two parties seeking a divorce will not be able to come to an agreement. Then, they will have to go through contested litigation and mediation, which significantly impacts legal fees. In some situations where parties have to fight over the aspects of their divorce, the process may end up costing upwards of more than $40,000.

An uncontested divorce can save both parties a lot of time, money, and heartache. If you and your spouse are able to come to a reasonable agreement, this would be the best path for you.

Do Both Parties Have To Agree On All Matters, (Including Custody Support Etc.),  To Have An Uncontested Divorce In Florida?

In order to have an uncontested divorce in Florida, both parties have to agree on all matters. Any disagreement, be it on custody or child support, would make the divorce contested. You can agree on everything but one aspect, but you would still need to litigate that one matter.

Sometimes, your attorney may be able to negotiate with the other party to reach an amicable solution to turn a contested divorce into an uncontested divorce.

What Is The Process For An Uncontested Divorce In Florida? Will We Still Have To Go To Court?

The process for an uncontested divorce in Florida is pretty simple. The general steps that would be followed are…

• Draft the paperwork,
• Both parties return the paperwork signed and notarized, and
• The paperwork is filed.

Whether or not you have to go to court will depend on what county you live in. Some counties require a court appearance, which will be the final hearing. The final hearing will be pretty quick, around 10 minutes, and only one of the parties has to be present.

Some counties will issue a final judgment without going through a hearing as long as you submit the appropriate paperwork and request it the right way. A judge will sign off without appearing.

For more information on Contested Vs. Uncontested Divorce In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 305-5599 today.