Contested vs. Uncontested Divorce in Florida

Understanding the differences between contested and uncontested divorce isn’t difficult, but making the decision on which type of divorce to file can have important consequences.

Contested Divorce

A contested divorce is when the spouses are unable to mutually agree on the terms of their divorce and instead use lawyers and the court system to reach an agreement. By using the court system to decide the terms of the divorce, the parties’ disagreements do not prevent them from legally ending their marriage.

Commonly contested issues in a divorce include:

• The value and distribution of marital assets
• Alimony
• Child custody and visitation
• Child support

However, there are two major drawbacks to contested divorces. First, contested divorces take more time and money because they must be litigated through the court system. Second, contested divorces are often contentious and the court process can oftentimes increase tensions between the parties.

Uncontested Divorce

An uncontested divorce, on the other hand, is a divorce where the spouses agree on all major issues affecting their marriage. However, not all couples qualify for an uncontested divorce: minor children, minimum residency requirements, and spousal support are all examples of issues that can impact your ability to obtain an uncontested divorce in Florida.

An uncontested divorce is faster and easier than a contested divorce and, as such, saves the spouses time and money. Further, spouses who can come to an agreement on their own avoid the stress and contention of a lengthy court battle.

Whether because of lack of familiarity with the law, pressure from their spouse, or the urge to end the marriage as quickly and peacefully as possible, uncontested divorces have the potential to be wrought with mistakes, inconsistencies, omissions, and even duress. To ensure that your interests are protected, consult an experienced divorce attorney.

Contested and Uncontested Divorce: Florida Family Law Attorney

If you are considering a divorce in Florida, it’s important to understand the differences between contested and uncontested divorce and how each will affect your rights and interests. At Makofka & Makofka, we strive to give our clients the knowledge and guidance they need to make the right decision for their family. For more information on our services, contact us today at 904-355-2700 for your free initial consultation. From our Jacksonville office, we proudly provide a variety of family law services to the residents of Duval, St. Johns, Clay, & Nassau counties.