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Uncontested vs. Contested Divorces

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Divorce is a difficult process. Understanding the different terms related to a divorce can help reduce the stress and anxiety one might feel as they begin the divorce process. If you are considering a divorce in Florida, it is important to understand the differences between an uncontested and a contested divorce.

Many people believe the difference between a contested and uncontested divorce is proving fault for the breakup of the marriage on one of the spouses. Florida is a no-fault divorce state, meaning you can simply obtain a divorce by stating that you and your spouse have irreconcilable differences. Therefore, uncontested vs. contested does not refer to whether one spouse agrees or disagrees that the marriage should end it refers to whether or not they can agree to the issues surrounding their divorce.

Uncontested Divorce

In an uncontested divorce, both spouses agree on all major issues and terms of the divorce. These terms include matters related to the children, alimony, dividing assets, and debts. The divorce is what is known as “uncontested” if you and your spouse have worked out all the details pertaining to these issues.

An uncontested divorce is faster and easier than a contested divorce which in the end, saves the spouses time and money. When spouses can come to an agreement on their own, they avoid the stress and contention of a lengthy court battle.

Whether it is due to the lack of familiarity with the law, pressure from their spouse, or the urge to end the marriage as quickly as possible, uncontested divorces have the potential to be filled with mistakes, inconsistencies, omissions, and even duress. This is why it is important to have the guidance of family law attorney to assist you in the process.

Contested Divorce

A contested divorce is when the spouses are unable to mutually agree on all the terms of their divorce and instead use lawyers to reach an agreement. By taking this route to decide the terms of the divorce, the parties’ disagreements do not prevent them from legally ending their marriage.

Commonly contested issues in a divorce include:

  • Alimony
  • Child support, custody, and visitation
  • Value and distribution of marital assets

However, there are two major downsides to a contested divorce. First, contested divorces take more time and money because they must be litigated through the court system. Second, contested divorces are often contentious and the court process can oftentimes increase tensions between the parties.Embarking on your divorce journey with confidence begins with being well-prepared. Download our FREE guide, “10 Things to Do Before Filing for Divorce Checklist,” to arm yourself with critical insights and actionable steps for the road ahead. SplytUp is here to simplify your split and guide your future, helping you to move forward on solid ground. Secure your smoother pathway today by downloading your free guide.

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