Contested vs. Uncontested Divorce in Florida

The difference between a contested and an uncontested divorce comes down to one thing: whether the spouses agree on the terms. An uncontested divorce is one where the spouses agree on the key issues. A contested divorce is one where they do not and ask the court to decide. The path a case takes affects how long it lasts and how much it costs.

Uncontested Divorce

In an uncontested divorce, the spouses agree on the issues that would otherwise be left to a judge, such as how property and debts are divided and, if there are children, time-sharing and support. Because Florida is a no-fault state, the spouses do not have to prove wrongdoing to end the marriage. (Source: Fla. Stat. § 61.052.)

An uncontested case is usually faster and less expensive. The main work is making sure the agreement is complete, clear, and properly documented so nothing important is left out.

Contested Divorce

In a contested divorce, the spouses cannot agree on one or more issues. These cases generally involve exchanging financial information, gathering evidence, and, if needed, hearings where a judge decides the disputed questions. The issues most often in dispute are property division, alimony, and, when there are children, time-sharing and support. Many contested cases still settle before trial.

Which Path Is Right for You?

A case can start out contested and become uncontested once the spouses reach agreement, sometimes with the help of mediation. The right approach depends on how much you and your spouse agree on and how complex your finances are.

Talk With a Miami Divorce Lawyer

To talk through which path fits your situation, speak with a Miami divorce lawyer. We help families across Miami-Dade and South Florida.