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How a contested and uncontested divorce are different

On Behalf of | Apr 3, 2020 | Divorce Mediation |

When a marriage fails, there are no winners or losers, just regret and lost dreams. Sometimes, both parties realize that the marriage is beyond the point of repair, and they mutually agree to move on. In such instances, those are called uncontested divorces.

Both parties agree to the divorce when there’s an uncontested divorce. There are no major issues to hash out such as child custody and support or alimony. A divorce will be deemed to be uncontested if one of the spouses fails to show up to the divorce proceedings.

You and your ex must not be in disagreement about things such as the division of property, child custody, child support, and spousal support if you want to qualify to file for an uncontested divorce.

There are several benefits to filing for an uncontested divorce. An uncontested divorce generally has lower attorney fees and lower court costs because there’s not a lot of negotiation necessary nor setting aside time on a court schedule. Uncontested divorces tend to be granted more quickly than contested divorces. There tends to be less conflict between the parties and less information disclosed in the public record when married couples pursue this type of divorce as well.

As with anything, there are also some disadvantages associated with an uncontested divorce. If you and your spouse have complicated issues such as child custody and support, spousal support and division of property to sort out, then pursuing an uncontested divorce may not be right for you. Although you may be able to save money by pursuing this option for ending your marriage, you may not be able to resolve them satisfactorily. The legal fees that you may incur by having to seek modifications in the future may become quite costly.

Deciding whether to pursue an uncontested or contested divorce isn’t a difficult decision for you to make. The complexity of your circumstances will dictate that for you. If you and your spouse have lingering issues that you need to resolve before moving ahead in ending your marriage, then you should consult with an attorney here in Fort Myers. Your lawyer may be able to help you reach an amicable resolution in your Florida divorce case.


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