I’ve blogged about divorce a few times now, covering
the aspects, what it can mean for your case, and the pros and cons. But, did
you know that there are multiple types of divorce? It is important to know the
different paths that you can take with your divorce as well as understanding
the consequences of choosing one option over the other.
At
its most basic definition, an uncontested divorce is one where the parties
agree or compromise on all of the major issues. Major issues include matters
related to children, dividing assets and debts, and anything covering alimony
or child support. Here are some elements that distinguish uncontested from
contested divorces:
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Uncontested divorces typically take less
time. The process itself may still be lengthy, but it is much quicker than
divorces where trial, discovery, and other legal procedures are involved.
-
Uncontested divorces are not appealable.
Since one of the requirements of an uncontested divorce is that both parties
consent to the agreement, the final terms of the divorce will not be
appealable.
-
Despite the fact that you and your spouse
have agreed to part ways amicably, it is always in your best interest to
consult with an attorney so that you can address any issues that you or your
spouse are unsure about.
A
simple definition of a contested divorce is that the parties do not agree on
major issues and will need to rely on the court to determine the outcome of
their case. Below are the elements that make a divorce contested.
-
Contested divorces require more legal
proceedings. Parties may be ordered to attend mediation, in the hopes that they
can come to a compromise without having to go to trial. However, if mediation
does not help, then the next move is to go trial where you will appear before a
family law judge.
-
Contested divorces can take a greater
financial and emotional toll on both parties as well as any children involved.
Since the process is lengthier, the costs will increase and the longer this
conflict is drawn out the more bitter feelings may arise.
-
If the spouses cannot come to an agreement
through mediation, the judge is ultimately the one who decides the terms of the
divorce. The less control spouses have, means that the result may benefit one
spouse over the other.
It is
ALWAYS a good idea to consult with an attorney, especially to ensure that your
divorce is completed properly and both parties are treated fairly. While you
may think it will be cheaper to proceed with a do-it-yourself divorce, incorrect
paperwork or lack of understanding in legal proceedings may end up costing you
more in the long run.
As I have said
previously, divorce is certainly not the happiest time in a person’s life.
While there is no guarantee that you and your spouse will be able to come to a
compromise and have an uncontested divorce, it is important to be prepared for
whatever may arise during legal proceedings regarding your divorce. Having this
knowledge will help you to best prepare and approach the conflict in a way that
will hopefully benefit you, your spouse, and any children that you may have.
***This blog is meant to serve as informational only
and does not constitute legal advice. If you have any questions about divorce,
please fill out our contact information below to schedule a free consultation
with Marcie!
Sources: https://www.justia.com/family/divorce/the-divorce-process/contested-vs-uncontested-divorce/
https://www.floridawomenslawgroup.com/florida-divorce-guide-uncontested-vs-contested-divorces/
https://casaislaw.com/uncontested-vs-contested-divorce-in-florida/
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