Contested vs. Uncontested Divorce: What is the Difference?

There is more than one way to get divorced in Florida. When people are preparing for the process, they often envision a long and bitter courtroom battle. Fortunately, this does not have to be the case. The vast majority of divorce cases settle outside of court, even when couples cannot initially agree to all terms. When two spouses are able to agree to different terms such as property division, alimony, and child custody, the process is even smoother and simpler.

The type of divorce you obtain will largely determine how quickly your case proceeds, and how much it will cost. All divorce cases fall into one of two categories: contested and uncontested. Below, our Orlando divorce lawyer explains the differences between these two.

Agreement

The biggest difference between contested and uncontested divorces is the agreement to all terms of the divorce. In an uncontested divorce, the couple agrees to all terms and to the divorce itself. Couples do not have to agree to the different terms right away. However, the faster the couple can reach an agreement, the smoother and faster the process is.

In a contested divorce, the couple cannot agree to all of the terms. This can delay the process and result in additional costs.

Legal Procedures

The legal process is another big difference between contested and uncontested divorces. When a couple cannot initially agree to the terms of divorce, a judge may order the couple to attempt mediation. Mediation is required in most divorce cases when couples cannot agree. During mediation, a third party mediator meets with the couple, fostering compromise and communication between the couple so they can reach an agreement. If mediation is successful, the divorce is typically still considered mediation.

When couples cannot reach an agreement themselves or during mediation, the case must go to court and the couples must go through a divorce trial. These cases are considered contested and they are complex, costly, and time-consuming.

Control

Couples who can reach an agreement regarding the different terms of divorce, they also retain more control over the outcome. During negotiations or mediation, couples in these situations can reach creative solutions that are best for them. Couples who cannot agree to the terms of divorce leave it to a judge to make all final decisions.

Stress and Emotional Toll

Contested divorces are far more stressful than uncontested cases. Tension between the spouses is often heightened and the two sides can become very combative towards each other. Uncontested divorces, on the other hand, do not usually take the same emotional toll as contested cases.

Our Divorce Lawyer in Orlando Can Help with Your Case

Regardless of the type of divorce you are getting, you need legal help. At Anderson & Ferrin, P.A., our Orlando divorce lawyer can provide it while guiding you through the process so you obtain the most favorable outcome. Call us today at 407-412-7041 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html