What is the Difference Between a Contested and Uncontested Divorce?

Divorce is the legal process of ending a marriage. It can be a difficult and emotional time for both parties involved, and the type of divorce that is pursued can greatly impact the experience. There are two main types of divorce: contested and uncontested. Each type of divorce has its own unique characteristics and requirements, and it is important to understand the differences between the two before proceeding with a divorce.

What is a contested divorce?

A contested divorce is a type of divorce where the parties involved cannot agree on one or more of the key issues related to their divorce. This includes issues such as child custody, child support, spousal support, division of property, and other important matters. When parties cannot reach an agreement on these issues, they must go to court to have a judge decide the matter.

The process of a contested divorce can be lengthy and expensive. It typically involves hiring attorneys to represent each party, as well as court appearances and a trial if necessary. In a contested divorce, each party presents evidence and makes arguments to support their position on the disputed issues. The judge then makes a decision based on the evidence presented.

One of the key challenges of a contested divorce is that it can be emotionally taxing. The process of going to court and having a judge make decisions about your personal life and the lives of your children can be stressful and difficult to handle. It can also take a significant amount of time to resolve a contested divorce, which can be frustrating for all parties involved.

What is an uncontested divorce?

An uncontested divorce is where the parties involved are able to reach an agreement on all of the key issues related to their divorce. This includes issues such as child custody, a parenting plan, child support, spousal support, alimony, division of property, and other important matters. Because the parties are able to reach an agreement, only one of the parties needs to go to an Uncontested Final Hearing, usually online and does not need to attend a trial and have a judge make decisions on their behalf.

The process of an uncontested divorce is typically much faster and less expensive than a contested divorce. In an uncontested divorce, the parties involved can hire an attorney to help them draft the necessary paperwork and ensure that the agreement is legally binding. Once the paperwork is completed and signed by both parties, it can be submitted to the court.

One of the benefits of an uncontested divorce is that it can be much less emotionally draining than a contested divorce. Because the parties are able to reach an agreement on their own, they do not need to have a judge make decisions on their behalf. This can be a relief for both parties, especially if they are able to maintain a positive relationship after the divorce.

What is the difference between a contested and uncontested divorce in Florida?

The primary difference between contested and uncontested divorce is the level of conflict involved. In a contested divorce, the parties are not able to reach an agreement on one or more of the important issues in their divorce. This can lead to a great deal of conflict and stress, as well as increased costs and a longer process. In an uncontested divorce, the parties are able to reach an agreement on all of the major issues concerning their divorce.

Another difference between contested and uncontested divorce is the cost. A contested divorce can be more expensive than an uncontested divorce due to the need for lengthy court hearings, extensive motions that may need to be filed, and other costs associated with going to court often.

The amount of time it takes to complete the divorce process is also a significant difference between the two. A contested divorce can take a much longer amount of time, sometimes in extreme cases, taking years to complete. In contrast, an uncontested divorce can often be completed in a matter of weeks to just a few short months.

Overall, the differences between contested and uncontested divorce can be vast. If the parties are able to reach an agreement on most of the issues, an uncontested divorce is certainly a faster and less expensive alternative. However, if the parties are unable to reach a compromise, then a contested divorce may be necessary.

Affordable Divorce Attorney in South Florida

There's a lot to consider when you are going through a divorce. The decisions made during this time will impact you and your family's life for quite a while. It's important to get guidance from a family law attorney, such as Melissa J. Waldinger, who will advocate for you and your family. Contact us online or call us at 561-981-2630 to schedule a free consultation to discuss either a contested or uncontested divorce with our Boca Raton law firm.