Legal Guidance From Attorneys Who Care

Reviewing differences between contested and uncontested divorce

On Behalf of | Feb 23, 2024 | Family Law

Divorce is often a challenging and emotionally charged process for all parties involved. However, it is important to understand that not all divorces are the same. There are two main types of divorce: contested and uncontested.

If you are ending your marriage, it is important to review these two types of divorce and think about which one might be right for you.

Contested divorce

According to Florida Courts, a contested divorce occurs when the spouses are unable to reach an agreement on one or more important issues related to the divorce. These issues can include child custody, property division and spousal support. The process of a contested divorce can be lengthy and often involves multiple court appearances. Both parties present their arguments and evidence to a judge, who then makes decisions on the unresolved issues.

This type of divorce can be more adversarial and may result in higher fees and increased emotional stress for all involved.

Uncontested divorce

On the other hand, an uncontested divorce occurs when both spouses are able to agree on all the important issues without the need for court intervention. This type of divorce is generally faster, less expensive and less stressful than a contested divorce. It allows the couple to maintain control over their own decisions and work together to create a mutually beneficial outcome. The key advantage of an uncontested divorce is that it allows the couple to maintain an amicable relationship, especially if they have children together.

Determining whether a contested or uncontested divorce is right for you depends on your unique circumstances. If you and your spouse are unable to communicate effectively or have significant disagreements about important issues, a contested divorce may be necessary. Understanding the differences between these two types of divorce can help you make an informed decision that best suits your needs.

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