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Contested vs. Uncontested Divorces in Florida

Just as every wedding and marriage is different, so too is every divorce. While some couples can agree when it’s time to split and negotiate the divorce terms amicably, others will dispute at every turn.

When couples come to us ready to divorce, one of the many things we discuss is how they want to proceed—whether they would like to pursue an uncontested divorce or a contested divorce.

This blog will discuss contested and uncontested divorce in depth, how to determine which is right for you, and how you can get help.

What Is an Uncontested Divorce?

Uncontested divorces occur when both parties can reach an out-of-court agreement on the many divorce-related issues that must be resolved.

At Vasquez de Lara Law Group, we begin uncontested divorces by negotiating in person before filing in court. This is advantageous because it lets the couple avoid lengthy court hearings (and fees!). It also alleviates some of the pressure of litigating and demonstrates that you are working to resolve issues voluntarily.

The downside of uncontested divorces is that there are no strict timelines to keep the process moving. Everything is voluntary. For couples who agree on issues, an uncontested divorce can be much quicker than one that needs to move through the courts. But for others, a lack of timeline means the process can drag out.

What Is a Contested Divorce?

A contested divorce happens when one or both parties disagree on major issues related to the dissolution of their marriage, such as alimony, division of marital property and liabilities, and if you have minor children, child custody, and child support. In a contested divorce, the parties may have to go through a trial to have these issues resolved by a judge.

This can be a lengthy and emotionally taxing process, as each party may have to argue their case in court and try to persuade the judge to rule in their favor.

Contested divorces can be complicated and stressful, and it’s important to have the support and guidance of an experienced divorce attorney throughout the process. A skilled attorney can help you navigate the legal system, protect your rights and interests, and work toward a fair and equitable resolution of the issues in dispute.

How to Know Which Type of Divorce is Right for You

For many couples, an uncontested divorce is a much simpler and more straightforward process than a contested one.
An uncontested divorce can save divorcing spouses significant time and money. Since there is no need for a trial or extensive legal proceedings, you can keep attorney fees and court costs to a minimum.

Additionally, an uncontested divorce can be less stressful and emotionally taxing on both parties, particularly if they can remain amicable throughout the divorce process.

Overall, an uncontested divorce can be a beneficial option for couples who can work together and reach an agreement on all major issues related to the end of their marriage. It is important to consult with a divorce attorney to ensure the marital settlement agreement is fair and equitable for both parties before finalizing the divorce.

Getting Help With Your Divorce

If you are going through a divorce in Florida, whether it’s contested or uncontested, it’s essential to have the guidance and support of a knowledgeable divorce lawyer.

As experienced divorce attorneys, we understand the complexities and challenges that come with this process. We aim to help you achieve the best possible outcome while minimizing stress and emotional strain.

If you’re preparing to divorce and have questions about Florida family law, please get in touch with our team of legal professionals at Vasquez de Lara Law Group today.

Author Bio

Vanessa Vasquez de Lara is the founder and owner of Vasquez de Lara Law Group, a Miami family law firm. With over 20 years of experience in family law, she has zealously represented clients in various legal matters, including divorces, child support, child custody, alimony, and other family law cases.

Vanessa received her Juris Doctor from the University of Miami School of Law in 2002 and is a member of the Florida Bar Association. She has received numerous accolades for her work, including being named to the 2015 Super Lawyers Rising Stars and the 2016-2023 Super Lawyers list.

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