Contested vs Uncontested Divorce in Florida

Divorce can be a complicated and emotionally charged process, but understanding the differences between contested and uncontested divorce in Florida can help individuals make informed decisions. The approach you choose will impact the time, stress levels, and complexity of the divorce. Consult with a divorce lawyer to discuss your legal options based on your circumstances.

Definition of Contested Divorce in Florida

A contested divorce occurs when spouses cannot agree on one or more major issues related to their divorce, requiring court intervention. These disputes may involve:

• Division of assets and liabilities
• Alimony (spousal support)
• Child custody and timesharing
• Child support
• Responsibility for debts

Because both parties don’t see eye to eye, a contested divorce generally involves litigation, mediation, and potentially a trial, making the process longer and more challenging.

Definition of Uncontested Divorce in Florida

An uncontested divorce occurs when both spouses agree on all major aspects of their divorce, including property division, child custody, child support, and alimony. This type of divorce is usually quicker, less expensive, and less stressful, as it doesn’t require extensive court involvement. 

Couples may work together, usually with the help of an experienced divorce attorney, to draft a mutually acceptable divorce settlement agreement.

Key Differences Between Contested and Uncontested Divorce Process in Florida

Factor	Contested Divorce	Uncontested Divorce
Agreement	Spouses disagree on at least one issue or more	Spouses agree on all terms
Timeframe	Usually takes several months, but in some cases even years	Typically finalized in a few weeks
Court Involvement	Requires litigation, hearings, and possibly a trial	Minimal court involvement, mainly filing paperwork
Cost	Higher due to attorney fee, court fee, expert witness fee	Lower costs as a prolonged court battle is avoided
Emotional Toll	High stress due to disputes and courtroom proceedings	Lower stress as it promotes a cooperative environment

Time Frames Involved in Contested vs. Uncontested Divorces in Florida

• Uncontested Divorce: Typically finalized within four to six weeks if all documents are correctly filed and there are no delays
• Contested Divorce: Can take several months to over a year, depending on the complexity of the case, the willingness of both parties to negotiate, and the court’s availability

Legal Requirements for Both Types of Divorce in Florida

Residency Requirement

Florida law requires that at least one spouse has lived in the state for a minimum of six months before filing for divorce.

Filing the Petition

• For both types of divorce, one spouse must file a Petition for Dissolution of Marriage with the circuit court in their county.
• In an uncontested divorce, the other spouse signs a marital settlement agreement and other required forms, expediting the process.
• In a contested divorce, the other spouse files a response (Answer and Counterpetition), often contesting the terms outlined in the petition.

Mediation and Discovery

• Contested divorce process usually requires mediation before proceeding to trial to encourage settlement agreements.
• The discovery process (exchanging financial documents, depositions, and interrogatories) plays a key role in contested divorces.
• Uncontested divorces bypass these extensive legal steps, leading to faster resolution for the divorcing spouses.

Advantages and Disadvantages of Each Approach

Contested Divorce

Advantages:

• Ensures fair division of assets if one party is uncooperative
• Protects parental rights in custody disputes
• Provides legal recourse if one spouse is hiding assets

Disadvantages:

• Expensive due to litigation and expert testimony costs
• Time-consuming, leading to prolonged emotional distress
• Greater risk of a court decision that neither party finds satisfactory

Uncontested Divorce

Advantages:

• Faster resolution, often within a few months
• Lower legal fees and court costs
• Less stressful for both spouses and children

Disadvantages:

• May not be suitable for high-conflict or high-asset cases
• One spouse may agree to unfavorable terms to avoid litigation

Steps to File for a Contested Divorce in Florida

• File the Petition: One spouse files a Petition for Dissolution of Marriage (divorce papers) in the appropriate circuit court.
• Serve the Other Party: The filing spouse ensures the divorce petition is legally delivered to the other spouse.
• Respond to the Petition: The other spouse has 20 days to file an answer and raise any counterclaims.
• Exchange Financial Disclosures: Both parties must submit financial affidavits and disclose assets, debts, and income.
• Attend Mediation: Florida courts require mediation before proceeding to trial, where spouses attempt to settle disputes.
• Discovery Process: If mediation fails, attorneys conduct depositions, request documents, and gather evidence.
• Pretrial Hearings: The court schedules hearings to discuss procedural issues before trial.
• Final Divorce Hearing or Trial: If no agreement is reached, a judge decides on unresolved issues after reviewing arguments and evidence.
• Final Judgment: The court issues a final ruling on all disputed matters, legally ending the marriage.

Steps to File for an Uncontested Divorce in Florida

• Prepare a Marital Settlement Agreement: Spouses draft an agreement covering all divorce-related issues, including child support, custody, and property division.
• File the Petition for Dissolution of Marriage: One spouse files the petition, and the other submits a response acknowledging agreement.
• Complete Required Financial Disclosures: Even in uncontested cases, Florida law requires financial disclosures to ensure fairness.
• Attend Final Hearing (if required): Some Florida counties require a brief court appearance to confirm both parties voluntarily agree to the settlement.
• Receive Final Judgment: Once the judge signs the final divorce decree, the marriage is legally dissolved.

How Our Florida Divorce and Family Law Attorneys Will Represent You 

Strong Legal Representation in Divorce Proceedings

At Veliz Katz Law, our knowledgeable divorce lawyer in Florida is dedicated to guiding you through every step of your divorce. Whether it’s an uncontested divorce, contested divorce, or another family law matter, we provide skilled legal representation to protect your rights and interests.

Assess Your Case and Establish Legal Strategy

Before initiating divorce proceedings, we take the time to understand your situation and develop a targeted legal strategy. Our attorneys will:

• Conduct an in-depth consultation to assess key issues such as child custody, alimony, property division, and financial obligations
• Explain Florida divorce laws and how they apply to your divorce terms
• Evaluate your goals and determine whether negotiation or litigation is the best path forward
• Identify potential legal challenges and outline effective strategies to address them

Negotiate Key Divorce Issues

Whenever possible, we aim to resolve divorce matters amicably through negotiation. This approach often saves time, reduces legal expenses, and minimizes stress. Our attorneys will:

• Represent you in neutral third-party mediation sessions to reach a fair settlement
• Negotiate terms related to custody arrangements, visitation, and parental responsibility for minor children
• Advocate for equitable property division and financial support arrangements
• Work towards an alimony agreement that aligns with your financial situation
• Ensure that all agreements comply with Florida family law and protect your long-term interests

Litigate Contested Divorce Cases

If negotiations fail, our skilled trial attorneys are prepared to litigate your case in court. We provide aggressive representation to safeguard your rights and achieve a favorable outcome. Our litigation approach includes:

• Filing all necessary legal documents and ensuring procedural compliance
• Presenting strong legal arguments and compelling evidence before the court
• Examining and cross-examining witnesses to support your case
• Challenging unfair claims made by the opposing party
• Protecting your financial and parental rights during contested proceedings.

Handle Complex Financial and Property Division Matters

Property division can be one of the most contentious aspects of a divorce. Florida follows the equitable distribution model, which means assets and debts are divided fairly but not necessarily equally. Our lawyers:

• Identify and categorize marital property and non-marital assets
• Conduct financial discovery to uncover hidden assets, if applicable
• Work with forensic accountants to ensure accurate valuation of businesses, investments, and retirement accounts
• Advocate for a property division plan that preserves your financial stability

Protect Your Parental Rights and Child Custody Interests

If you have children, determining custody and visitation arrangements is a critical component of your divorce. Florida courts prioritize the best interests of the child, and our attorneys will:

• Help you develop a comprehensive parenting plan
• Advocate for your parental rights in custody negotiations and hearings
• Address issues such as relocation, parental alienation, and child support obligations
• Ensure a fair and enforceable custody agreement that supports your child’s well-being

Secure Fair Alimony and Spousal Support Arrangements

Spousal support can be a major financial concern in a divorce. Whether you’re seeking alimony or facing a payment obligation, our team will:

• Assess eligibility for alimony based on Florida law
• Argue for appropriate support terms that reflect financial needs and earning capacity
• Challenge excessive or unfair alimony requests through legal arguments and evidence
• Negotiate lump-sum, rehabilitative, durational, or permanent alimony agreements

Ensure Smooth and Legally Sound Divorce Proceedings

Dealing with Florida’s legal system can be overwhelming, but our attorneys ensure that your case progresses smoothly by:

• Managing all legal filings, deadlines, and court appearances
• Advising you on compliance with court orders and legal obligations
• Providing ongoing support and updates throughout the divorce process
• Addressing any post-divorce modifications or enforcement issues that may arise

Get Our Dedicated Florida Divorce Lawyers on Your Side

Divorce can be emotionally and financially challenging, but with the right legal representation, you can protect your rights and best interests. At Veliz Katz Law, our Florida divorce and family law attorneys will leave no stone unturned to help you achieve a fair outcome through negotiation or litigation. To schedule your free consultation, call us at 407-634-1835 or contact us online.