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What is an Uncontested Divorce?

Updated: Jun 13, 2022

When you file for divorce in Florida, you may go through with either a contested or an uncontested divorce. When couples are unable to agree about the conditions for their divorce, it is considered a contested divorce process. However, if both parties agree about the dissolution of their marriage and key points, such as child support and property division, are generally agreed on, they may choose an uncontested divorce in Florida.

There are a number of possible benefits for married couples and their children in getting an uncontested divorce. Generally, the benefits of an uncontested divorce include:

  • Less expensive than a contested divorce,

  • Faster and allows the couple to be legally divorced sooner,

  • More predictable in the outcome,

  • Disputes are kept out of the public record,

  • May allow the couple to stay on better terms after the separation, and

  • Allows the parties to make their own decision on assets, childcare, and spousal support.

Even if a couple wants a simpler uncontested divorce, if they cannot agree on the terms and conditions of separation, the divorce may be contested. Another option is known as a “collaborative divorce.” A collaborative divorce generally involves private negotiations with the help of a collaborative divorce lawyer that takes place outside of the courts. The couple works together with the attorney to negotiate the terms of the separation to come to a final agreement.

If the couple still disagrees as to the terms of the divorce that is not resolved through talking, collaborative divorce, or mediation, the couple may have to have the court settle the terms of the separation through a contested absolute divorce.

Carina Leeson, Esq. specializes in the many different types of divorce cases you may face, in addition to facilitating litigation for child support child custody, and split custody agreements. Going through an amicable divorce, even uncontested divorces, is not an easy process so you should not try to face it alone. Kendrick Family Law Division will lead you through the most efficient and easy to navigate process possible.

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