Divorce is never easy, but understanding your options (especially the difference between contested vs. uncontested divorce in Florida) can reduce stress, save time, and protect your rights. At Golden Key Law Group in St. Petersburg, our experienced family lawyers are here to help you navigate this difficult time with confidence and care.
Below, we break down the differences between contested and uncontested divorces in Florida and what each means for your case.
Table of Contents
What Is an Uncontested Divorce in Florida?
An uncontested divorce occurs when both spouses are in full agreement about all aspects of the divorce, including:
- Division of marital property, assets, and debts
- Parental Responsibility and Time-Sharing
- Child support
- Alimony (spousal support)
How the Process Works
- The parties work together to create a Marital Settlement Agreement.
- The agreement and other required documents are filed with the court.
- A judge reviews the agreement and may hold a short final hearing to approve the divorce.
Benefits of an Uncontested Divorce
- Faster resolution: No lengthy court battles.
- Lower legal fees: Minimal attorney hours required.
- Less emotional stress: Cooperation often leads to a more peaceful process.
- Privacy: Fewer court filings mean less exposure of personal matters.
Drawbacks
- Requires full cooperation: Both parties must be willing to communicate and compromise.
- May not work in complex or high-conflict situations: If one party hides assets or manipulates, this option may not be fair.
What Is a Contested Divorce in Florida?
A contested divorce happens when spouses cannot agree on one or more key issues, such as:
- How to divide marital property, assets, and debts
- Whether alimony should be paid, and how much
- Who gets primary responsibility and time-sharing of the children
- The amount of child support
How the Process Works
- The filing spouse initiates divorce proceedings.
- The other spouse is served and has 20 days after service to respond.
- The discovery process begins (exchanging financials and other evidence).
- The Parties attend Mediation.
- If unresolved, the case goes to trial, where a judge will decide the outcome.
Benefits of a Contested Divorce
- Ensures fairness when cooperation is not possible.
- Judicial oversight can help resolve disputes where transparency is lacking.
- Protection of rights, especially in cases involving abuse, financial manipulation, or parental alienation.
Drawbacks
- Longer timeline: Can take many months or even years.
- Higher legal fees: More hours spent in litigation and court.
Increased stress: The adversarial nature of the court can be emotionally draining.
Which Type of Divorce Is Right for You?
It depends on your unique circumstances. If you and your spouse can communicate productively and are both motivated to move forward amicably, an uncontested divorce may be ideal.
However, if there’s disagreement over key issues or a lack of transparency, a contested divorce may be necessary to protect your rights and interests.
Need Help with a Divorce in Florida?
Whether you’re seeking a peaceful resolution or need strong representation in a contested matter, the family law attorneys at Golden Key Law Group in St. Petersburg are here to guide you through every step. Whether you’re ready to file or just exploring your options, our compassionate St. Petersburg divorce lawyers can help. Call or schedule your consultation online today!
