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Contested Versus Uncontested Divorce In Florida

Florida is a “no-fault” state, where neither party has to prove that the other is responsible for the irretrievable breakdown of the marriage – but that does not mean that a divorce cannot become contested.

Ms. Abbott and her staff understand that divorce is a complicated issue for any couple. Whether your divorce is amicable or not, Ms. Abbott can provide straightforward guidance and confident representation from start to finish.

What Is The Difference Between A Contested And Uncontested Divorce?

In an uncontested divorce, both spouses agree on all major issues, including property division, child custody, spousal support and other relevant matters. A contested divorce occurs when spouses cannot reach an agreement on one or more critical issues, so the court has to step in to resolve those disagreements.

Uncontested divorces generally resolve much faster than contested divorces. Because both parties are in agreement, there is no need for extensive legal proceedings, including multiple court hearings, motions and a trial. That minimizes both the time and the costs involved for everyone. Uncontested divorces are also less stressful and can more easily preserve a couple’s working relationship as co-parents.

However, contested divorces are not all bad. When one spouse feels strongly about an issue or the opposing party is abusive or uncooperative, a contested divorce can help protect one’s interests. In particularly difficult situations involving complex financial matters, high-value assets, or disputed custody, judicial oversight may be necessary to obtain fair results.

Get Clear, Focused Family Legal Representation

It can be difficult to know whether a divorce will proceed the uncontested route or ultimately end up in court. A divorce can start amicably and suddenly turn acrimonious. It is wisest to be prepared for either route.

When you have big questions on your mind, talk to a lawyer who can help you find the answers. Reach out to Ms. Abbott at her Satellite Beach office for representation in Brevard, Duval, Broward and Miami-Dade counties at 321-253-2275 or via email to schedule your consultation today.