Miami Legal Tips Blog

The Difference Between a Contested and Uncontested Divorce in Florida

wdding-ringsIf you and your spouse are planning to divorce then one of the first things you’ll need to do is to contact a family law attorney. The Law Offices of Gilbert and Smallman are here to help with your case. Call us today for your free case evaluation. We’re happy to answer any of your questions – including providing more information about the difference between a contested and uncontested divorce in Florida.

The general meaning of a contested divorce

Generally speaking, a contested divorce is one in which there are issues in dispute. For example, if both parties don’t agree on how to divide assets and how to distribute alimony, then it would be considered a contested divorce. Likewise, if there are child custody issues such as sharing the children’s time and who’s going to pay child support, then it would be an uncontested divorce.

In most cases, couples who have children have the hardest time coming to agreements. That said, even childless families can find themselves in the middle of never-ending litigation involving spousal support and how to divide property.

The general meaning of an uncontested divorce

When the parties who are planning to divorce don’t have kids, don’t have significant assets, and no one is request alimony, an uncontested divorce is possible. Likewise, if they simply agree on the relevant issues and don’t require litigation, then it is considered an uncontested divorce.

Keep in mind that one of the biggest mistakes a couple can make is assuming that if they’re in general agreement on how things should go, that they don’t need their own attorney. The truth is that before you enter into any binding contract, you should have your legal representation look it over. Why would a divorce be any different?

Florida protects you – and so do we

There are a host of Florida Statutes that handle the legality of binding divorce contracts, and how modifications of child support and alimony can be handled. The pros at Gilbert and Smallman are also here to protect you. We can go over any divorce agreement you’re considering signing and make sure it says what you think it says, or we can start from the beginning and negotiate the entire process with you.

Regardless of where you are, no matter how well you and your spouse get along – or don’t – it’s always smart to have a divorce attorney. Contact Gilbert and Smallman for a free consultation.

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