Contested vs. Uncontested Divorce in Florida

When getting a divorce in Florida, there are many things that need to be worked out. One of the first decisions that needs to be made is whether your case will be considered contested, or uncontested. Understanding what each of these are, and when they should be used, can help you decide how to move forward. This blog will provide an introduction to each, and when they are used.

What is a Contested Divorce?

A contested divorce is what most people think of when they picture a divorce in their head. This is the process where each party (and their attorneys) will go to court, argue their points to a judge, and wait for the judge to decide how their marital assets will be divided, who will get custody of the children, and anything else that needs to be ruled on. While this is the type of divorce you are likely to see on TV and movies, it is actually much less common than an uncontested divorce.

What is an Uncontested Divorce?

An uncontested divorce is when the two parties are able to come to an agreement on how things should be handled. They will have negotiated and agreement on how debts and assets will be split, a custody and parenting time arrangement, any spousal support and child support, and much more. These agreements are typically arrived at by having both parties work together, along with their attorneys, to find a fair solution. It is also common to involve mediators or other third party help to find agreeable solutions when dissolving a marriage.

Which is Right for You?

Whenever possible, it is best to go with an uncontested divorce. While it may take some work (and heartache) to negotiate with your soon-to-be ex, uncontested divorces actually provide you with much more control over the entire process. In addition, an uncontested divorce is going to be much less expensive because there will be no need to spend hours litigating in court. One other important benefit to uncontested divorce is that it can remain largely private, unlike a contested divorce where much of the case will be made public record.

Fighting for You

While uncontested divorces are much more common, and often very preferable, it is sometimes necessary to go the contested route. Having an attorney at your side who has the experience needed to help determine the right course of action, and then fight for your rights, is essential when going through a divorce. Contact the Law Office of Ray Garcia to go over your options, and schedule a consultation to determine which is right for you.