What are the Differences Between Contested and Uncontested Divorce Cases?
In Florida, there is more than one way to end a marriage. People entering the process often think a bitter and drawn out battle in the courtroom is necessary but in fact, this is not true. Most divorce cases in the state are settled outside of the courtroom, even if a couple cannot agree to all terms at first. If a couple can agree to all terms, including alimony, property division, and child custody, it is possible to receive a fairly simple and smooth divorce.
The type of divorce you obtain largely determines the cost of your case and how quickly it will proceed. Every divorce case in Florida falls into one of two categories. These are contested and uncontested divorce cases. Below, our Fort Lauderdale divorce lawyer explains the main differences between the two.
Agreement Between the Two Spouses
The main difference between contested and uncontested divorces is whether the couple can agree to the terms of divorce. In an uncontested divorce, the two spouses agree to the divorce itself and to all terms involved. In uncontested divorces, the spouses are not able to agree to all terms. This can result in negotiation, mediation, or even litigation. When couples cannot agree, it delays the process and incurs additional costs.
The Legal Process
Another big difference between uncontested and contested divorce cases is the legal process. In most Florida divorce cases, family law judges order couples who cannot agree to all terms to attempt mediation. This is a process that involves the couple and a neutral third party mediator. The mediator does not provide legal advice or make any final decisions. They are there to foster compromise and communication between the couple so they can reach an agreement. When a case is resolved during mediation, the divorce is often still considered uncontested.
If couples cannot reach an agreement on their own or during mediation, the couple must enter litigation. Litigated divorces are always considered contested. They are also expensive, complicated, and time-consuming.
The Emotional Toll
A contested divorce case is much more stressful than one that is uncontested. There is often increased conflict between the two spouses when they cannot agree and it is easy for the two sides to become very combative towards the other. On the other hand, uncontested cases do not typically involve the same level of tension because the two spouses can agree. As such, the emotional toll of an uncontested divorce is much less than that of a contested case.
Call Our Divorce Lawyer in Fort Lauderdale Today
Whether you are getting an uncontested or contested divorce, it is important to have legal help. At Haber Blank, our Fort Lauderdale divorce lawyer can guide you through the process, ensure you are properly prepared, and help you obtain the fair settlement you deserve. Call us now at 954-767-0300 or chat with us online to schedule a consultation with our knowledgeable attorney and to get the sound advice you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
