Is a Contested or Uncontested Divorce In Florida Right for You?

When imagining divorce, you may dread a courtroom battle with your spouse. Fortunately, there is more than one way to divorce in Tampa. Divorcing couples must decide whether to uncontested or contested divorce. Uncontested divorces are generally more straightforward and have many benefits over contested cases. Still, this does not mean that uncontested divorces are right for all couples. Below, one of our Tampa divorce attorneys explains in greater detail.
When is an Uncontested Divorce the Right Choice?
Uncontested divorces have many benefits. Without the need for multiple court hearings, uncontested divorces can be resolved in just a matter of weeks. Due to the fact that these cases are resolved faster, they are also more cost-effective. To obtain an uncontested divorce, a couple must agree on all the terms of divorce, including property division, alimony, time-sharing schedules, and child support. As uncontested divorces are resolved outside of the courtroom, they also bring a great deal more confidentiality than contested cases that go to trial.
An uncontested divorce may be right for your situation if you and your spouse can agree to all terms of the case. This often requires respectful communication and some compromise.
When is a Contested Divorce the Right Choice?
While uncontested divorces have many benefits, there are times when couples cannot agree and filing a contested divorce becomes necessary. Contested divorce simply means that the couple cannot agree to all the terms of the case. Still, this does not mean that contested cases must be resolved through a lengthy trial.
Although formal discovery is typically required in contested cases, the issues can still be resolved through negotiation or mediation. These negotiations and mediation sessions will typically take longer because the couple cannot agree. When mediation and negotiations are unsuccessful, the couple may have to go to trial to resolve the issues.
There are also certain circumstances that can make a contested divorce the right choice. These are as follows:
- You or your spouse own substantial assets or have a high net worth
- You believe your spouse is wasting or hiding assets
- Your spouse engaged in marital misconduct, such as addiction or adultery
- There is a history of neglect or abuse in the marriage
Contested divorces are sometimes the better choice for couples even though they are typically more expensive and can take several months to one year or even longer to resolve. They require a strong legal strategy to ensure that your interests are protected and that you obtain the fair settlement you are legally entitled to.
Our Tampa Divorce Attorneys Can Guide You Through the Process
Whether you and your spouse agree to the terms of divorce or you need help resolving the issues of your divorce, contact our Tampa divorce attorneys today. At All Family Law Group, P.A., our experienced attorneys can advise on the type of divorce that may be right for you and guide you through the appropriate process so you obtain the fair resolution you deserve. Call us now at 813-672-1900 or fill out our online form to request a free consultation with one of our experienced attorneys and to learn more about how we can help. Se Habla Espanol.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html


