Contested Divorce vs Uncontested – What is the difference?

A recurring question we receive is “what is the difference between contested and uncontested divorce?” In this blog post, we break down the differences and what to expect with both. 

Uncontested Divorces

What a treat – a divorce with no disagreements!

An uncontested divorce is a divorce in which the spouses agree to every single issue that will come up in their divorce case. If they have minor children from the marriage, they will need to agree to all matters concerning child custody and time-sharing under Florida law, as well as all matters pertaining to the distribution of marital property (and all other financial issues). If there are no minor children from the marriage, the parties will still need to agree to all financial matters pertaining to the divorce, as well as any other potentially disputed issues.

If the parties can agree to all terms, then the court can sign off, so to speak, on their agreement and turn it into a final judgment of dissolution of marriage in Florida. 

Contested Divorce

Contested divorces mean the parties cannot agree to all terms and the Court may need to get involved.

If the spouses disagree about even a single issue in their divorce case, then they will have what is known as a contested divorce. To clarify, even if the parties largely agree to all terms but simply cannot reach an agreement about one item, then they will have a contested divorce. If the parties ultimately cannot come to a decision, the court will make the decision.

If the parties ultimately can reach a full and complete agreement about every term in the divorce case, then the divorce can become an uncontested divorce.

Even if the case initially looks like it will be a contested divorce does not necessarily mean that the court will have to make the final decision. The parties may attend mediation (and the court may even require it), or they can negotiate through their divorce attorneys. 

Uncontested Divorce for High Income Divorce

In high asset divorces, as well as in cases involving minor children, it may be necessary to take additional steps such as hiring a forensic accountant to search for hidden assets or working with a child psychologist as kids adjust to temporary custody and time-sharing arrangements.

Tampa Family Law Attorney

You may be thinking, “Where can I find a divorce lawyer near me?” Anton Garcia Law’s family law attorneys are compassionate, experienced and dedicated to representing your best interests.  Contact us today!  Serving the following Florida areas:

  • Tampa, St Petersburg
  • Land O’ Lakes
  • Lakeland
  • Plant City
  • Downtown Tampa
  • … and more!

If you are looking for a Tampa family law attorney, look to Anton Garcia Lawa 2021 and 2022 SuperLawyer “Best Attorney” award winner. Our office is located near beautiful downtown Tampa, where we proudly serve clients from around the state of Florida.