What’s the Difference Between a Contested and Uncontested Divorce in Florida?
Divorces can be split into two categories: Contested and uncontested. Chances are good that if you’re entering into a divorce, you’ll not agree on every issue related to the settlement. It’s important to understand that spouses can reach an agreement on their own or ask the court to handle their disagreements for them. In this article, the St. Petersburg divorce lawyers at the Law Office of Kevin F. Coleman will discuss the main differences between contested and uncontested divorces.
What is an uncontested divorce?
An uncontested divorce occurs when both spouses consent to the divorce itself and all of the related terms. Terms that the spouses must agree on include:
- Division of the marital estate
- Child custody and time-sharing
- Child support
- Alimony
Uncontested divorces tend to be faster and less expensive than contested divorces since they do not require a trial. An uncontested divorce can take as little as 4 weeks to settle, depending on the court’s schedule, with an average uncontested divorce taking as little as three months.
The costs are significantly cheaper than a contested divorce due to lower attorney and court fees.
Contested divorces
A divorce is said to be contested when both parties disagree on one or more aspects of the divorce. For example, the spouses may not be able to agree on the matter of alimony. One spouse believes that they deserve alimony, while the other spouse doesn’t want to pay it.
The process is generally much more complex and time-consuming. It will involve court intervention on matters such as property division, child custody, and alimony. Disagreement on these matters ultimately requires a judge to resolve any disputes between the couple.
Contested divorces can take significantly longer and cost considerably more money than uncontested divorces. Attorney fees and court costs are just some of the reasons why contested divorces take longer than uncontested ones. They can range anywhere from $5,000 to $30,000 or more in extreme cases.
Can a contested divorce become uncontested?
Yes. A contested divorce can become uncontested at any point before the judge issues their final ruling. While a contested divorce will begin with a disagreement, most of these cases will settle before a bench trial, as the discovery process uncovers financial details concerning both partners. During the discovery process, the opportunity for settlement may arise, turning the divorce into an uncontested one.
When (or if) an agreement is reached, it can be formalized into a Marital Settlement Agreement (MSA) and submitted to the court, which shifts the case back to an uncontested matter. In fact, most divorces begin in disagreement, but eventually end uncontested.
Talk to a St. Petersburg Family Law Attorney Today
The Law Office of Kevin F. Coleman represents the interests of married couples who are looking to untie the knot. Call our St. Petersburg family lawyers today to schedule an appointment, and we can begin discussing your hopes and concerns right away.
