Uncontested Divorce – general information

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There are only two ways that a divorce can be handled in Florida, contested or uncontested. It is no secret which path I think is best and that is uncontested divorce.

When a matter is uncontested, both parties have chosen to work out their issues amicably without unnecessary fighting and without incurring unnecessary attorney fees.

This is achieved by voluntary settlement negotiations (in person or by a proposed settlement agreement being sent back and forth until finalized). Sometimes a mediator is used to help resolve the matter.

In most contested cases, one or both of the parties want to fight for a variety of reasons. Usually the reasons are based upon some type of revenge, anger or other emotion where the party just has to have their day in court.

A contested case can easily cost three to five times as much as an uncontested case (even more when things get really out of control). So get ready to pay!

In my own practice, there are occasions where each party legitimately believes they are right based on the law (not based on emotion) and a court has to decide the issue. This is the exception, however, as most cases are resolved with the parties taking control of their own outcome.