Contested Versus Uncontested Divorce in Florida: What’s the Difference?
Divorces in Florida can be divided into two types: contested and uncontested divorces. An uncontested divorce is one in which the parties have agreed on all major issues related to the divorce. These include issues such as property division, alimony, child custody, and child support. If the couple is able to sit down and draft an agreement that manages to handle all of these matters without disputes, they can file for an uncontested divorce in Florida.
While pursuing an uncontested divorce is not always realistic in every scenario, there are several benefits to approaching the matter this way. In this article, the Tampa, FL divorce lawyers at Westchase Law, P.A. will discuss contested and uncontested divorces in Florida.
What is a contested divorce?
Contested divorces are those that proceed to litigation. Litigation is what you see dramatized in the movies and television. If the couple cannot agree on matters such as the distribution of the marital estate, alimony, child custody, and child support, then a judge must decide the matters on their behalf. Both sides would present arguments detailing their position and argue on behalf of their own interests. A judge would determine who is entitled to what based on the application of Florida law.
Uncontested divorces have several advantages over contested ones. In a contested divorce, costs accrue in terms of legal and court fees. Contested divorces also take considerably longer to settle. In addition, the decision-making power resides entirely with the judge as opposed to the couple. For these reasons, Florida couples who have significant differences often try to mediate their divorces with the help of a neutral third party who guides them through the process of drafting a divorce decree. The mediator will attempt to find common ground and ultimately, draft a divorce decree that will represent their interests. If there are any lingering issues after mediation, the couple can litigate those with the court.
Understanding uncontested divorces in Florida
If you and your spouse agree on all major elements of your divorce case, you can then proceed with an uncontested divorce. With or without the help of a mediator, you and your spouse will draft an agreement that tackles key issues such as the division of the marital estates, alimony, child custody, and child support.
This way of approaching a divorce has major benefits. For one, it significantly reduces the amount of money you will have to pay towards your divorce. By mediating your divorce, you will save money in legal fees and court fees, and the amount of time it takes to finalize your divorce will be significantly shorter. With a mediated divorce, all of the power remains in your and your spouse’s hands. You won’t have to worry about the judge not ruling in your favor or whether or not your arguments are strong enough. There also tends to be less animosity with a mediated divorce than a litigated one. The only major drawback is that it won’t be appropriate for all couples.
Talk to a Tampa divorce lawyer today
Westchase Law, P.A. represents the interests of divorcing couples in both litigation and mediation. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your goals and addressing your concerns right away.
