Contested vs. Uncontested Divorce: What’s the Difference?

In Florida, there are two kinds of divorce: contested and uncontested. In an uncontested divorce, both spouses work together to solve the issues of their separation—which often includes matters like child custody, property and asset division, alimony, child support, and more. Because they are able to come to an agreement on all of these issues, there is no need to take the case to court. As you may have guessed, the opposite is true in a contested divorce.

A divorce becomes “contested” when the couple has trouble seeing eye-to-eye on how their property should be divided, how much time each parent will spend with the kids, how debts will be allocated, how much child support will be paid, etc. Because they are unable to work through these issues on their own, they must leave these decisions up to a family law judge. While this is generally not ideal, in some cases, an uncontested divorce is the only option.

Are You a Good Candidate for an Uncontested Divorce?

If you have made the decision to file for divorce, you may have questions about what happens next. You should know that going to court is a possibility if you are facing a contentious separation; however, if you and your former spouse are willing to work together, an uncontested divorce may be right for you. So how do you know if you’re a good candidate?

In order to qualify for an uncontested divorce, the following must be true:

  • You and your spouse agree that the marriage is beyond repair
  • You and your spouse can come to an agreement about property division
  • You and your spouse can come to an agreement about child custody
  • One spouse has been a Florida resident for at least six months

Contact The Virga Law Firm, P.A. for the Help You Need

Filing for divorce can be an overwhelming experience. Fortunately, you don’t have to go through this alone. When you work with The Virga Law Firm, P.A., you will have an experienced legal advocate by your side from start to finish. With more than 40 years of collective experience, our firm is ready to help you through this difficult time. To learn more about your options, contact us 24/7 to schedule an initial consultation.

Do you have questions? We have answers. Call The Virga Law Firm, P.A. at (800) 822-5170.

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