Looking for divorce advice? I’ve got you covered.
One of the first things you’ll have to decide when divorcing your spouse is whether a contested or uncontested divorce is best for your situation. In simple terms, an uncontested divorce is when you and your spouse have come up with an agreement, which will be entered by the court. If you choose to go this route, litigation is not necessary because you already have come to an agreement with your spouse.
A contested divorce, on the other hand, is when you and your spouse cannot come to an agreement. In this type of divorce, a judge will rule on the settlement agreement for you after litigation.
Here’s a video in which I explain the difference:
Now that you understand the basics let’s take a closer look at these two types of divorce in Florida.
Divorce Advice: Uncontested
As previously stated, in an uncontested divorce, both parties come to an agreement about the divorce settlement ahead of time. A divorcing couple may come to an agreement on their own, use a third-party mediator, or work together through their attorneys. Here are some of the details that a couple will need to work out:
- A parenting plan and child support (if applicable)
- Alimony
- Division of assets and debts
- Any other sources of conflict that need to be resolved
If both spouses can agree on the issues surrounding their divorce, they can proceed with their uncontested divorce. The attorneys representing each party or the mediator will draft the agreement and send it to the court to be authorized. Because each party does not need to present an argument, uncontested divorces usually take a lot less time and money than contested divorces. However, not all divorces that begin uncontested stay uncontested. If one spouse does not agree to negotiations, the divorce then becomes contested.
Divorce Advice: Contested
When a divorce is contested, each spouse and their attorney will need to present their argument to a judge. After arguments, the judge will rule on the issues. It’s important to note that spouses going through a contested divorce can still come to an agreement on some of the issues beforehand. If they do, then the judge will only rule on any unresolved items.
Which Is Right for You?
It should be obvious that if you can have an uncontested divorce, you should do it. Not only will it cost less than a contested divorce, but also it will take up less of your time so you can get back to focusing on your life. Using a mediator is a great way to facilitate the process and reduce conflict if it arises during negotiations.
If you and your spouse can’t come to an agreement, a contested divorce might be your only option.
Get More Divorce Advice
Deciding whether to get a divorce can be a stressful process. If you want to sit down and talk to someone, don’t wait to contact me. I will listen to your case and lay out the options that you have in an easy to understand way.
About the Author: Helena Y. Farber is an attorney in Aventura, Florida, whose practice is concentrated in the areas of divorce and family law. She can be reached at (305) 520-9205 or via email athyf@farberlawpa.com.
Disclaimer: The attorney makes this Blog available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney-client relationship between you and the Blog. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.