Are you thinking about filing for divorce and contacting an attorney? One of the first questions your Tampa divorce attorney will ask is whether your divorce is going to be contested or uncontested. Often, the answer isn’t so simple. Through our experience, we have found that many people are unclear on the differences between these two methods of divorce, understandably given their complex differences. Here are some of the key differences when debating a contested vs. uncontested divorce in Florida.
What is an uncontested divorce? What is the difference between a contested and uncontested divorce?
A divorce in Florida can be contested or uncontested. An uncontested divorce means that both parties agree on all issues of their case, including parenting, division of assets and liabilities, alimony, child support and attorney’s fees. In short, uncontested means an agreement has been reached without the court’s involvement. In cases with minor children, a Marital Settlement Agreement and Parenting Plan are settlement documents that can be prepared by an attorney with the parties’ agreed upon terms.
A contested divorce is any case that is not uncontested. If one party wants an uncontested divorce and the other party does not agree, then this is a contested divorce in Florida. With the assistance of attorneys, the parties may find it easier to reach an agreement. When two divorcing parties cannot reach an agreement, it becomes the court’s duty to decide the issue.
What are the benefits of doing an uncontested divorce?
One of the biggest benefits of an uncontested divorce is that it can save you time and money. An uncontested divorce is typically quicker because it streamlines the legal procedure. There are fewer filings, hearings and steps required to get an uncontested divorce. The streamlined procedure saves money because it takes less involvement and time of an attorney than a contested divorce. Less time typically means lower attorney’s fees in your case. This makes an uncontested divorce more affordable than a contested divorce. Even in a contested divorce, the more issues two parties can resolve between themselves, the more money they will save in attorney’s fees by reducing the billable time needed to resolve their case.
An uncontested divorce also gives you more control of the outcome of your divorce. By reaching an agreement, you and your spouse both decide what happens to your family and your money in the future. You avoid the Judge making major decisions about your life that you cannot control.
Will I still have to file for divorce if my case is uncontested?
Yes. Filing for divorce by a party is required to obtain a divorce in the State of Florida. In both contested and contested divorces, the process begins by one party filing a Petition for Dissolution of Marriage.
Will I still have to go to court if I have an uncontested divorce?
No, you will not have to go to court to litigate your case in front of a judge if your divorce is uncontested. But you may still have to appear in court to get your settlement approved. It depends on the county in Florida in which the case is filed. Most counties (e.g., Hillsborough, Pinellas, Pasco Counties) in Florida require an Uncontested Final Hearing before they will enter a final order of divorce. An Uncontested Final Hearing is a court hearing where one or both parties appear in-person to give jurisdictional testimony and ask the court to approve their settlement. In other counties (e.g., Sarasota and Manatee Counties), a court may accept notarized Interrogatories in lieu of an Uncontested Final Hearing. You should consult with a Tampa divorce attorney to determine whether an Uncontested Final Hearing would be required in your uncontested divorce.
Do I have to produce financial documents to my spouse in an uncontested divorce?
Yes. Mandatory disclosure documents are required in each divorce case in the State of Florida. But, in an uncontested divorce, the parties can agree to waive most of the mandatory disclosure, except for a Financial Affidavit. In most uncontested cases, each party must still exchange a completed and signed Financial Affidavit with the other party.
Do I still have to go to mediation in an uncontested case?
No. If you have a signed settlement agreement resolving all issues, then the court will not require you to attend mediation. If you have filed for divorce and your spouse has not yet signed a settlement agreement, then the court may order you to attend mediation, unless an agreement is signed before that time. In the event an agreement is signed prior to a scheduled mediation, then most mediations can be cancelled in advance with sufficient notice.
What else do I need to know before I discuss an uncontested divorce with my spouse?
Prior to discussing the terms for an uncontested divorce with your spouse, you should schedule a consultation with a licensed Tampa divorce attorney. An experienced attorney will be able to inform you about Florida law and how it applies to you and your case. Larkin Law handles both contested and uncontested divorce in Tampa and surrounding counties. Please contact us today to schedule a consultation to learn more.
