Contested vs. Uncontested Divorces

    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:

-          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/