Contested Versus Uncontested Divorce In Florida

You’ve probably heard of an uncontested divorce. An uncontested divorce is one in which the parties have agreed on all major issues related to the divorce. These include matters such as property division, alimony, child custody, and child support. If the former couple can draft an agreement that manages to handle all of these matters without dispute, then they can file for an uncontested divorce in Florida.

There are several benefits to an uncontested divorce although it’s not always realistic in every scenario. In this article, the Tampa, FL divorce lawyers at Faulkner Law Group, PLLC will discuss contested and uncontested divorces and the key differences between them.

Contested divorces 

Contested divorces are your typical litigated divorces. If the couple cannot agree on matters such as the distribution of the marital estate, alimony, child custody, and child support, then they must have a judge decide the matter on their behalf. Both sides would present arguments detailing their position and argue on behalf of their own interests. A judge would determine who is entitled to what based on the application of Florida law.

Contested divorces have several disadvantages over uncontested divorces. Firstly, costs accrue in terms of legal and court fees. They also take significantly more time to settle. In addition, instead of the decision-making power residing with the couple, it’s wholly in the hands of the court to decide matters that are very important to the couple. For these reasons, Florida couples who have significant differences often try to mediate their differences with the help of a third-party neutral individual who guides them through the process of drafting a divorce decree. The mediator will attempt to find common ground between the parties and ultimately, draft a divorce decree that represents their interests. If there are any lingering issues after mediation, then the couple can litigate those with the court.

Uncontested divorces 

If you and your spouse can agree on all major elements of a divorce case, then you can proceed with an uncontested divorce. You and your spouse (with or without the help of a mediator) will draft an agreement that tackles key issues such as the division of the marital estate, alimony, child custody, and child support.

There are major benefits to approaching divorce in this way. Firstly, it costs significantly less money if you and your spouse don’t need to litigate every aspect of your divorce. You will save money in legal and court fees, and the amount of time it takes to finalize your divorce will be significantly shorter. Further, all the power is in your and your spouse’s hands. You won’t have to worry about what a judge thinks of your arguments or which way he’s going to rule. Further, there tends to be less animosity involved in uncontested divorces than in contested ones. The major drawback is that it’s simply not appropriate for all couples.

Talk to a Tampa, FL Family Law Attorney Today 

Faulkner Law Group, PLLC represents the interests of Tampa residents who are seeking a divorce in Florida. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.