What is the Difference Between an Uncontested and Contested Divorce in Florida?
A contested divorce is one where the husband and wife don’t agree on all of the issues. There are typically two issues which result in a case being contested…money or children. When I say money, I mean division of assets and liabilities, alimony and/or child support. As for the children, parties often disagree as to the timesharing schedule (which parent will have the children on which nights during the week), holidays, school zone designation, religion, education and medical care.
If both spouses are reasonable and motivated to settle their case, they can accomplish it through an uncontested divorce. In an uncontested scenario, the parties, either by themselves or with the assistance of an attorney, enter into a marital settlement agreement whereby they spell out all of the issues in their case such as parenting plan, division of assets and liabilities, alimony, child support and other matters. The benefits of an uncontested divorce are immense. The parties save a considerable amount of money on attorneys fees and costs, and they minimize or eliminate the emotional toll that a contested divorce takes on them and their children.
As an aside, I often hear prospective clients tell me that his or her spouse, “…won’t give me a divorce.” In Florida, it only takes “one to tango.” In other words, if either spouse alleges and proves that the marriage is irretrievably broken, then the judge must grant the divorce.
At the Rice & Rose Law Firm, we strive to resolve each of our client’s cases expeditiously, inexpensively and amicably.