In an uncontested divorce, you and your spouse agree on everything. Property division, alimony, child custody, and child support. All of it. A contested divorce means you can’t agree on at least one major issue, so you’ll need a judge to step in and make decisions for you. That’s the core difference, but how it plays out in real life matters quite a bit.
Understanding Uncontested Divorce In Florida
When both spouses can work together, the divorce process moves faster and costs less. You’re not fighting in court. You’re negotiating toward a solution that works for both of you. Uncontested divorces typically involve:
- Agreement on how to split assets and debts
- Settled child custody and time-sharing arrangements
- Mutually acceptable spousal support terms
- No major disputes requiring a judge’s intervention
- Much shorter timelines from start to finish
Even when you generally agree on things, working with The McKinney Law Group protects your interests. There’s a lot that can get missed in a settlement agreement if you don’t have someone looking out for potential problems. Florida requires a 20-day waiting period from when divorce papers are served before a judge can finalize anything. In uncontested cases, that’s usually your only real delay.
What Makes A Divorce Contested?
Maybe you can’t agree on who gets the house, or how much time each parent should have with the kids. Perhaps one spouse thinks they’re entitled to alimony and the other disagrees. When couples can’t resolve these issues through negotiation, the case becomes adversarial. High-value marital assets tend to create conflict. Business ownership, retirement accounts, investment properties. These aren’t easy to split, and both parties often feel strongly about what’s fair. Child-related disputes cut even deeper. Where will the kids live primarily? How much parenting time does each parent get? Who makes decisions about school, medical care, and religion? These questions don’t have simple answers when parents disagree. If you can’t settle these matters yourselves, a judge will hear evidence from both sides and make binding decisions. This takes significantly longer than an uncontested divorce. It costs more too.
Can A Contested Divorce Become Uncontested?
Absolutely. Many divorces start contested but settle before trial. As both parties go through discovery and exchange financial documents, they often find common ground they didn’t see initially. A St. Petersburg family lawyer can help facilitate those negotiations and transform what looked like a court battle into a settlement. Mediation helps tremendously. You sit down with a neutral third party who guides the discussion and helps both of you identify compromises you can live with. Florida courts actually require mediation in most family law cases before you’re allowed to go to trial. People become more willing to settle when they understand what litigation really costs. Not just money, but time and emotional energy. Sometimes getting a realistic picture of what a judge might decide motivates both parties to find middle ground.
Which Path Is Right For You?
That depends entirely on your situation. Can you and your spouse communicate respectfully? Do you both want a fair outcome and trust each other enough to negotiate in good faith? Then an uncontested divorce makes sense. But if you’ve got significant disagreements or one party isn’t being honest about finances or won’t cooperate, you might not have a choice. Litigation may be the only way to protect your rights. A St. Petersburg family lawyer can look at your specific circumstances and help you figure out the best approach. Some cases that seem hopelessly contested end up settling, while others need court intervention from day one. Getting legal guidance early helps you understand what you’re facing and make informed decisions about how to move forward. Contact us today.