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Contested vs. Uncontested Divorces in Florida

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Unfortunately, some divorces are highly contentious and are plagued with endless arguments about everything from the distribution of assets to crafting a workable parenting plan. However, many divorcing couples are able to dissolve their marriages amicably. Couples who are able to split amicably benefit in a variety of different ways, especially if they share children and will therefore remain in each other’s lives for years to come. Furthermore, spouses who are able to end their marriage on good terms are often able to benefit from obtaining an uncontested divorce opposed to a contested divorce.

What’s a Contested Divorce? 

A contested divorce occurs when a divorcing couple is unable to work out the terms of their divorce on their own and instead ask the court to resolve various issues related to their divorce for them. The issues that must be resolved vary a bit from case to case but generally involve timesharing (child custody), child support, spousal support, the equitable division of the couple’s marital assets and debts, etc. Sometimes a couple will obtain a contested divorce after resolving some but not all of their divorce-related issues outside of court and then submitting their remaining issues to the court for resolution. 

What’s an Uncontested Divorce? 

On the other hand, an uncontested divorce occurs when the divorcing spouses are able to work out all of the issues pertaining to their divorce outside of court. Once this is accomplished the couple (perhaps with the help of their respective divorce attorneys and/or a mediator) draws up a proposed marital settlement agreement that must then be submitted to the court for approval. 

Tips for Obtaining an Uncontested Divorce  

If given the choice of pursuing a contested divorce or an uncontested divorce most divorcing couples in Florida would opt for an uncontested divorce given that couples who are able to work out their differences outside of court are often able to walk away from their marriages more quickly, on better terms with their exes, and having had spent significantly less than they likely otherwise would have. While some couples simply aren’t able to work out their divorce-related issues between themselves, if you’re interested in obtaining an uncontested divorce consider following the following tips:

  • Try to remain on good terms with your spouse and be respectful and courteous towards them whenever possible,
  • Employ the use of a mediator or some other third party neutral to help you work out your issues in a collaborative manner, and
  • Talk to your divorce attorney about obtaining an uncontested divorce.

Need Legal Advice? Contact a Local Divorce Attorney 

If you’re planning on getting divorced in Florida it is probably in your best interest to consult with a local divorce attorney regardless of whether your divorce is likely to be contested or uncontested. While spouses who are divorcing amicably may be tempted to get divorced without legal representation this is often a mistake, especially if the spouses who are splitting up are part of a high net worth couple. This is because a lawyer who is retained to protect their client’s interests can help ensure that assets haven’t been hidden, that their client is walking away with a fair portion of the couple’s marital assets, and that the agreed upon parenting plan is reasonable, among other important matters. To find out what a top notch Florida divorce attorney can do for you contact the Law Offices of David L. Hirschberg, P.A. at your earliest convenience by calling our Boca Raton office at (561) 288-8620.

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