What’s The Difference Between An Uncontested And Contested Divorce In Florida?

Divorces can be divided into two types: Uncontested and contested. Each type of divorce follows its own path and presents its own challenges. In this article, the Orlando divorce lawyers at Greater Orlando Family Law will discuss the key differences between contested and uncontested divorces, and hopefully, you’ll have a better sense of which one you want to pursue after you have finished reading.

Understanding contested versus uncontested divorces 

A contested divorce is a type of divorce that occurs when spouses cannot agree on one or more important issues such as the division of assets, child custody, alimony, or child support. The process usually involves an attempt at mediation, a series of negotiations, and if no agreement can be reached, then it is eventually resolved by a judge in court. Contested divorces are generally lengthy and complex, require legal representation, and multiple court appearances.

An uncontested divorce is the opposite. It occurs when both spouses agree on all important aspects of their divorce including asset division, child custody, alimony, and child support. Such an agreement can lead to a smoother and quicker divorce process. Uncontested divorces do not require judges or trials, and couples do not need to appear in court.

For example, let’s imagine we have one couple: Tom and Wendy. They have been married for 10 years but realized they had grown apart. They want to handle their divorce in the least contentious way possible. So, they come to an agreement on how to divide their assets and the custody of their two children. Their uncontested divorce was finalized within a few months.

On the other hand, Mike and Laura couldn’t agree on anything related to their divorce. They have serious disagreements when it comes to child custody and asset division. Attempts to negotiate the matter failed. Mediation was unsuccessful. So, they proceeded to a litigated divorce in which a judge made all the final decisions since they couldn’t come to an agreement themselves.

Timeline and financial implications of both approaches to divorce 

The length of time it takes to resolve your divorce is directly related to the cost of your divorce. Litigated or contested divorces tend to take much longer and cost a lot more money than uncontested divorces.

Tom and Wendy, our two characters who were able to resolve their divorce without court intervention, illustrate the swiftest path to a finalized divorce. The couple was able to finalize their divorce in a few months because they agreed on all terms related to the divorce. Uncontested divorces can be considerably faster than litigated ones.

On the other hand, Mike and Laura’s divorce took over two years to finalize. This is largely related to their inability to come to an agreement on their own. Contested divorces typically require multiple court hearings and extended negotiations. These not only lengthen the process but increase the emotional stress for both parties.

Talk to an Orlando Family Law Attorney Today 

Greater Orlando Family Law represents the interests of divorcing couples in the Orlando area. Whether you are proceeding with a contested or uncontested divorce, our skilled attorneys can help you through the process. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your goals and concerns right away.