Getting a divorce can be hard, even in the best of cases. In many uncontested divorces, former spouses part amicably and agree upon the terms of the end of their marriage, such as division of property, custody, and similar factors. However, a divorce may become more difficult if the parties in a contested divorce cannot agree on the terms of the divorce.
The O’Mara Law Group can walk you through the difference between contested vs. uncontested divorce in Florida before beginning the process. Call (407) 326-0089 or contact us online to schedule a free, confidential consultation with our leading family law firm.
What Is an Uncontested Divorce?
An uncontested divorce occurs when both spouses consent to their “dissolution of marriage” and its terms. Uncontested divorce proceedings are typically resolved out of court. Ideally, both parties will receive legal advice from an experienced divorce attorney.
After submitting a Petition for Dissolution of Marriage, the parties can collaborate on an agreement to determine the terms of their divorce. This includes how they will divide assets, such as shared bank accounts, vehicles, and real property.
Spousal and Child Support
Parties must also decide whether one party will pay the other alimony (post-divorce financial support) to help them maintain a certain standard of living.
When minor children are involved, they should also work together to develop a parenting plan. The parenting plan establishes physical custody, which covers where the child will live and how much time they will spend with each parent.
This also touches on the issue of legal custody, which determines which parent will be primarily responsible for the child’s well-being. They must also decide the extent to which the non-custodial parent is responsible for child support.
Resolution of an Uncontested Divorce
Once the divorcing parties come to a resolution, the presiding judge will review it to ensure the terms of the divorce are equitable and legal. If the agreement contains unacceptable terms, the judge will require the parties to revise them. Once the agreement is approved, the divorce is complete, and the parties go their separate ways.
What Is a Contested Divorce?
Contested divorces occur when one or both parties do not agree on the divorce terms. Common catalysts for contested divorce include custody agreements, co-owned businesses, or large sums of money, all of which can stir emotions and conflict between the divorcing parties.
Mediation and Trial
Broadly speaking, contested divorces typically go to court and arise out of conflict that results in an “irretrievably broken” marriage. In the event of a contested divorce, the court may first require the divorcing spouses to undergo mediation and attempt to resolve their differences. If the parties cannot agree on terms for their divorce, the judge may need to divide contested assets, determine custody arrangements, and resolve other issues.
How Long Does a Contested Divorce Proceeding Typically Take?
Because of the intense emotions and deep-seated disagreements often involved in contested divorces, it is important to have an empathetic attorney. Parties may disagree on how property, custody, and finances should be fairly apportioned. In many cases, contested divorces stretch out over a period of months or even years.
FAQs About Divorce in Florida
| FAQ | Uncontested Divorce | Contested Divorce | |
|---|---|---|---|
| How do I start the process of divorcing my spouse? | A Petition for Dissolution of Marriage is filed with the clerk of the circuit court in the county where either spouse resides. The spouses may also file a Marital Settlement Agreement for a simplified dissolution of marriage. | One spouse files a Petition for Dissolution of Marriage with the court. The other spouse is then served with divorce papers and has 20 days to respond. | |
| Do I need a lawyer for my divorce proceeding? | It's possible to complete an uncontested divorce without an attorney, especially a simplified dissolution of marriage. However, having legal guidance can ensure that all documents are correctly filed and that your rights are protected. | It is also possible to forgo representation in a contested divorce. However, due to the complexity of divorce law and the potentially high stakes involved, hiring an experienced divorce attorney is wise. | |
| How long does it take for a divorce to be completed? | An uncontested divorce in Florida can be finalized in as little as four to eight weeks, depending on the court's schedule. | There is no guaranteed time period in which a contested divorce in Florida will be completed. Depending on the complexity of the issues and the level of conflict between the parties, an uncontested divorce can take months or even years. | |
| What documents are needed to file for divorce? |
Many required documents for filing a divorce can be found on the Florida Courts website. Your attorney can also draft additional documentation needed. Important documents may include:
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| Do both spouses have to attend a final divorce hearing? | Both parties are required to attend the final hearing for a Simplified Dissolution of Marriage. For a standard uncontested divorce, the petitioner is required to attend the final hearing, but the respondent may choose not to. | In a contested divorce proceeding, the petitioner must attend. The respondent’s failure to attend can result in a Motion for Default. | |
| How much does divorce cost in Florida? | The cost of an uncontested divorce in Florida may vary, but it generally includes filing fees of about $400. Additional costs may include mediation and attorneys’ fees. | The cost of a contested divorce in Florida varies widely depending on the complexity of the case. It will also include filing fees, potential mediation fees, and attorneys' fees. | |
| The O'Mara Law Group will fully and transparently explain our fee structure to you. We are ready to address all of your questions and concerns. | |||
| What if the parties agree on everything except one issue? | If there are one or more issues that cannot be resolved, the divorce will be contested. All legal issues must be resolved before the divorce can be finalized. The parties may be able to find solutions with the guidance of their attorneys. |
A judge makes the final decisions on all contested matters. Commonly contested issues in divorces include:
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| What is the role of mediation? | Divorcing spouses may benefit from mediation, in which a neutral third party helps them negotiate and reach an agreement on disputed issues. If mediation is unsuccessful, the case may proceed to trial. Mediation is sometimes mandatory. | ||
| How is child custody determined? |
All divorcing parents must have a Parenting Plan for minor children. The court will review the plan to ensure it is in the best interest of the children. Important factors considered include:
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Our Divorce Attorneys Are Here To Answer Your Questions
Divorce can be complicated and emotional, and the ins and outs of Florida divorce law can be difficult to understand. Whether your divorce is tumultuous or uncontested, the skilled and empathetic attorneys at the O’Mara Law Group can answer your questions and protect your interests. Call (407) 326-0089 or contact us online to schedule a free, confidential consultation.
