How Florida Courts Handle Contested vs. Uncontested Divorces

Introduction

Divorce can take different forms depending on whether both spouses agree on key issues such as asset division, child custody, and alimony. In Florida, divorces are classified as either contested or uncontested, and the type of divorce significantly affects the legal process, timeline, and costs involved. Understanding the differences between contested and uncontested divorces can help spouses make informed decisions about how to proceed.

This guide explains the distinctions between contested and uncontested divorces in Florida, the legal steps involved in each, and the advantages and disadvantages of both approaches.

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What Is an Uncontested Divorce in Florida?

An uncontested divorce occurs when both spouses agree on all major aspects of the divorce settlement without the need for court intervention. This includes:

• Division of marital assets and debts
• Alimony (if applicable)
• Child custody and time-sharing arrangements
• Child support obligations

Because both parties are in agreement, uncontested divorces are typically faster, less expensive, and involve less emotional stress than contested divorces.

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Steps in an Uncontested Divorce

1. Filing the Petition
   • One spouse (the petitioner) files a Petition for Dissolution of Marriage in the appropriate Florida circuit court.
   • The other spouse (the respondent) must file a response acknowledging agreement with the terms.
2. Submitting a Marital Settlement Agreement
   • Both spouses draft and sign a written agreement detailing how assets, debts, and child-related matters will be handled.
3. Financial Disclosures
   • Florida law requires both parties to complete and exchange financial affidavits unless waived by agreement.
4. Final Hearing
   • In many uncontested divorces, only one spouse may need to attend a brief court hearing where the judge reviews the settlement agreement.
   • If everything is in order, the judge grants the final divorce decree.

Uncontested divorces can be finalized in as little as four to six weeks, making them the preferred option for couples who can amicably resolve their issues.

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What Is a Contested Divorce in Florida?

A contested divorce occurs when spouses cannot agree on one or more key issues, requiring the court to intervene. These cases typically involve disputes over:

• Asset and debt division
• Alimony amounts and duration
• Parental responsibility and time-sharing arrangements
• Child support obligations

Because contested divorces require court hearings, legal motions, and possibly a trial, they take longer and are more expensive than uncontested divorces.

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Steps in a Contested Divorce

1. Filing the Petition
   • One spouse files a Petition for Dissolution of Marriage, stating their desired terms for the divorce.
2. Response and Counter-Petition
   • The other spouse responds, either agreeing with or disputing the claims.
   • If disputes exist, the responding spouse may file a counter-petition outlining their own demands.
3. Financial Disclosures
   • Both spouses must exchange financial documents, including tax returns, bank statements, and details of assets and debts.
4. Mediation
   • Florida courts often require mediation before scheduling a trial.
   • A neutral mediator helps both parties attempt to reach a settlement without going to court.
5. Pre-Trial Motions and Hearings
   • If mediation fails, attorneys may file motions regarding temporary child support, alimony, or restraining orders.
6. Trial
   • If no settlement is reached, the case goes to trial, where a judge makes final decisions on disputed issues.
7. Final Judgment
   • The court issues a divorce decree based on the judge’s rulings.

Contested divorces can take months or even years to resolve, depending on the complexity of the issues involved.

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Key Differences Between Contested and Uncontested Divorces

Factor	Uncontested Divorce	Contested Divorce
Time to Finalize	4-6 weeks	Several months to years
Cost	Lower legal fees	Higher legal fees
Stress Level	Minimal	Often high
Court Involvement	Limited	Extensive
Privacy	More private	Public court proceedings

Each option has pros and cons, and the right choice depends on whether both spouses can reach an agreement on major issues.

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When to Choose an Uncontested Divorce

Uncontested divorce may be the best option when:

• Both spouses are willing to negotiate fairly and compromise.
• There are no major disputes over finances, children, or property.
• The couple wants to minimize legal costs and finalize the divorce quickly.
• Both parties prefer to keep their personal matters private and avoid a public trial.

Uncontested divorces work best for couples who can maintain respectful communication and work together to settle their affairs amicably.

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When a Contested Divorce Is Necessary

A contested divorce may be necessary if:

• One spouse refuses to negotiate or act in good faith.
• There are significant disagreements over child custody, alimony, or asset division.
• One spouse believes the other is hiding assets or engaging in financial misconduct.
• Domestic violence or abuse is a factor, making direct negotiations unsafe.

While contested divorces take longer, they are sometimes unavoidable when one party refuses to cooperate or when legal intervention is required to protect a spouse or child.

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How to Prepare for Divorce (Contested or Uncontested)

No matter which type of divorce you pursue, taking these steps can help ensure a smoother process:

1. Gather financial documents – Collect bank statements, tax returns, investment records, and any prenuptial agreements.
2. Determine your priorities – Identify which issues are most important and where you are willing to compromise.
3. Consult with a family law attorney – Even in an uncontested divorce, legal guidance can help ensure that agreements are fair and legally sound.
4. Consider mediation – If disagreements exist, mediation may provide a less expensive and faster alternative to trial.
5. Put children first – Focus on creating a parenting plan that prioritizes the child’s well-being.

Being well-prepared can help both spouses reach a fair resolution and avoid unnecessary legal battles.

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How a Family Law Attorney Can Help

An experienced family law attorney can:

• Advise on the best divorce strategy based on your specific circumstances.
• Assist in drafting and reviewing marital settlement agreements.
• Represent your interests in mediation or court if disputes arise.
• Ensure that all paperwork is properly filed and compliant with Florida law.

At Bonderud Law, we help clients navigate both contested and uncontested divorces, providing legal guidance tailored to their unique situations. Whether you need assistance reaching an agreement or protecting your rights in a dispute, contact us today for a free consultation.

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Conclusion

The decision between a contested and uncontested divorce in Florida depends on whether both spouses can agree on key issues. While uncontested divorces are quicker and less costly, contested divorces may be necessary when disputes cannot be resolved outside of court. Understanding the differences between these two processes can help individuals make informed decisions about how to proceed with their divorce.

If you are facing a divorce and need legal guidance, consulting with an experienced attorney can help ensure that your rights and interests are protected throughout the process.