Contested Versus Uncontested Divorce in Florida
Every Florida divorce falls into one of two categories, and the category largely determines how long the case takes and what it costs. A divorce is uncontested when the spouses agree on every issue. It is contested when one or more issues must be decided by a judge. A Tampa uncontested divorce lawyer can advise which path is realistic for your situation.
Uncontested Divorce
A divorce is uncontested when the spouses have resolved every issue between them, including the division of property and debt, alimony, and any matters involving children. The parties record their agreement in a marital settlement agreement and submit it to the court. Because nothing remains for a judge to decide, an uncontested case can conclude quickly and at a lower cost. Spouses may still retain counsel to prepare the agreement and confirm that it protects their interests.
Simplified Dissolution of Marriage
Florida offers a faster route called simplified dissolution of marriage, but its requirements are strict. According to The Florida Bar, both spouses must agree to use the procedure, have no minor or dependent children, and confirm that neither spouse is pregnant. Neither party may seek alimony, both must waive the right to a trial and an appeal, and at least one spouse must have lived in Florida for six months. Couples who meet these conditions can often finalize the divorce in a short time. Couples who do not must use the regular process.
Contested Divorce and How It Proceeds
A divorce becomes contested when the spouses cannot agree on one or more issues, such as property division, alimony, or time-sharing. The case then follows the full process: filing, mandatory financial disclosure, and, in most courts, mediation before any trial. If mediation resolves the remaining issues, the case can convert to an uncontested resolution. If it does not, a judge hears the evidence and decides. The guide on what to expect during divorce proceedings describes each stage in detail. A St. Petersburg contested divorce lawyer can prepare and present the disputed issues.
Choosing the Right Path
Cost and time follow directly from the level of disagreement. An uncontested divorce is generally the least expensive and the fastest. A contested divorce requires more attorney involvement, more court time, and a longer timeline. Many couples reduce both cost and conflict by resolving as many issues as possible before filing, then narrowing the remaining disputes through negotiation or mediation. A Clearwater divorce lawyer can help identify which issues are likely to be contested and how to address them.
The McKinney Law Group handles both uncontested and contested divorces across the Tampa Bay area, from straightforward settlements to complex trials. Consult a Tampa family lawyer and contact our office to schedule a consultation regarding your situation.