When it comes to the overall cost of a divorce in Florida, the most important consideration is whether to file a contested or uncontested divorce. The difference between the two is simple, but the consequences can be dramatic. The goal of this article is to explain the differences between contested and uncontested divorce proceedings.
I am a family law attorney based in Venice, Florida and I help people with both contested and uncontested divorces here in Sarasota County as well as in Charlotte County and Manatee County.
Initial Considerations
Keep in mind that Florida is a no-fault state, so parties can obtain a divorce in Florida without proving any reason other than “irreconcilable differences” provided they meet the residency requirements. There is no need to prove adultery, abandonment, or some other cause for the divorce.
Issues like infidelity can come into the picture when resolving issues like the division of marital property, alimony, and child custody, but they are not necessary to file for divorce and have no immediate bearing on whether the divorce is contested or uncontested.
Uncontested Divorces
An uncontested divorce is when the parties have worked out all the issues pertaining to the divorce and are in complete agreement with how those issues are handled. This includes issues surrounding equitable distribution (how the marital property is divided), alimony, time sharing and child custody issues, and child support if there are any minor children involved in the proceeding.
If the parties have worked out all of these issues then all the “heavy lifting” of the divorce process has been completed, as the entire purpose of a divorce proceeding is to identify the issues in the divorce and work to narrow and resolve those issues and ultimately reach an agreement. If the parties reach an agreement from the outset, then it is not necessary to go through all the steps in a traditional litigated divorce. Instead, the parties can simply reduce their agreement to writing, complete the other necessary paperwork, and obtain a divorce.
Uncontested divorces are great because they allows the parties to quickly, amicably, and inexpensively obtain a divorce and move on with their lives. Where a contested divorce can take months (or even years in some cases), an uncontested divorce can be done in a matter of weeks if the parties are motivated.
Also, uncontested divorces can be accomplished cost effectively. When compared with the cost of a contested divorce, an uncontested proceeding can save the parties thousands of dollars.
One thing to note, is that a lawyer cannot represent both parties in a divorce – even if it’s an uncontested divorce. A lawyer has a fiduciary obligation to their client and can only be on one side of the transaction. This is important, as I sometimes get phone calls asking for me to represent both parties in an uncontested proceeding. I cannot represent both parties, and must represent one side.
Contested Divorce
A contested divorce is when the spouses do not agree with the terms of the divorce. Issues often arise in valuing and distributing the marital assets, awarding alimony, determining how much time each parent spends with the children, and how child support will be calculated. Sometimes the parties are able to work together to even resolve complicated cases.
A contested divorce follows the basic process that I have outlined in my article on filing for divorce in Florida. The process typically starts with a lawsuit (and often a counter-suit), the parties exchange discovery (financial disclosure), the parties attend mediation, and then if the case does not settle at mediation then there will be a contested hearing or trial on some or all of the issues.
The cost of a contested divorce depends greatly on how much conflict there actually is. If the matter is “semi-contested” and parties can quickly reach an agreement then it could be a couple thousand dollars in legal fees. If there are major disagreements between the parties and much at stake, a trial could cost tens of thousands of dollars. Even in contested proceedings, it almost always better to work proactively with the other side to narrow the issues and reach a resolution. However, Court remains an option when the parties cannot agree.
Final Thoughts
Regardless of whether a contested or uncontested divorce is the best fit for you and your situation, my job remains the same. I am here to help you navigate the process, protect your rights and interests, and get you the closure you need to move on to the next stage of your life.
If I can be of assistance, then please do not hesitate to call my office at (941) 882-4367 or send me an email (dan@danpolicastrolaw.com) to schedule an appointment. I am more than happy to discuss your situation, and help you weigh your options.
