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Contested and uncontested divorces: How they differ

On Behalf of | Sep 28, 2022 | Divorce |

Going through a divorce is almost always an emotional and mentally challenging process. However, this doesn’t mean that all divorces are similar. There are two main types of divorce in Florida, but both result in the same endgame.

Depending on your unique circumstance, you may have to take your divorce case through the litigation process in a contested divorce, or you can reach a settlement agreement in an uncontested divorce. While understanding the differences between the two isn’t difficult, your decision on the type of divorce you’ll file will have significant consequences. 

A contested divorce in Florida requires court intervention

You may have to file a contested divorce if you and your spouse can’t work out your issues, including things like the division of property, support and custody of the minor children. When this happens, you and your spouse will need to present your case in front of a judge, who will then make a ruling. 

Sometimes, you can work out some issues with your ex and only go to court to solve the remaining issues. But if you and your spouse can’t agree on anything, the court will handle the entire divorce, including custody, parenting plan, alimony, child support and the division of assets.

Uncontested divorces in Florida require cooperation

You can choose to file for an uncontested divorce if you and your spouse have agreed on all issues affecting your marriage. Uncontested divorces are much faster and will save you time and money. Plus, agreeing with your spouse will help you avoid the stress of a lengthy court battle. 

Determine which type of divorce is best for you

Determining the right type of divorce to file if you’re thinking about ending your marriage isn’t so simple. You may consider filing an uncontested divorce if there is less conflict between you and your spouse. But if your relationship is very contentious, it may be best to litigate.

However, whatever you decide, it’s vital to seek legal guidance before discussing the terms of your divorce with your spouse. This will help you understand Florida laws and how they apply to your case.