You know you are getting divorced. But then someone asks whether your divorce is contested or uncontested.

Wait... what does that mean?

The terms sound complicated, but the basic difference is pretty simple: Can you and your spouse agree on the issues in your divorce, or do you need help resolving them?

Here is what that can mean for your case.

 

What Is an Uncontested Divorce?

An uncontested divorce is one in which both spouses can agree on the issues that need to be resolved. Depending on your situation, those issues might include:

  • Dividing property and debts
  • Alimony
  • Child support
  • A parenting plan
  • Time-sharing
  • Other financial or family-related matters

Instead of asking a judge to decide these issues, the spouses work out the terms of their divorce and present their agreement to the court. However, “uncontested” does not necessarily mean you agreed on everything from the beginning.

You may disagree along the way, negotiate through your attorneys, or attend mediation before eventually reaching an agreement. What matters is whether you can resolve the issues without asking the court to decide them for you.

What Is a Contested Divorce?

A contested divorce is one where the spouses cannot agree on one or more issues that need to be resolved. And no, that does not automatically mean a huge courtroom battle.

Maybe you agree on everything except what happens to the house; maybe alimony is the sticking point, or maybe you both want the divorce but cannot agree on a parenting plan.

When an issue remains unresolved, the spouses may need additional negotiation, mediation, or, ultimately, a judge to decide it.

Does One Take Longer Than the Other?

An uncontested divorce can often move more efficiently because there are fewer disputes left to resolve.

A contested divorce may take longer when the spouses need additional negotiation, discovery, mediation, hearings, or a trial before their case can be finalized.

Still, there is no universal timeline for either one.

Every divorce is different, and factors like the complexity of the case, the issues being disputed, and how willing both spouses are to work toward a resolution can all affect how long the process takes.

What About the Cost?

Cost is often one of the first things people worry about when considering divorce.

Many divorce attorneys bill by the hour, which can make it difficult to predict exactly what you will spend as your case moves forward. Because a contested divorce may involve more unresolved issues, it can also require more legal work than an uncontested case.

Good Life Legal takes a different approach.

Instead of traditional hourly billing, we use flat-fee pricing. You know what you are paying for without having to worry about the clock every time you call your attorney, send an email, or ask a question about your case.

Whether your divorce is contested or uncontested, our goal is to make both the legal process and the cost of navigating it as clear as possible from the start.

If you want to learn more about how divorce costs work, you may also find our article, “Why a Flat Fee Divorce Can Save You More Than Just Money” helpful.  

Can a Contested Divorce Become Uncontested?

Absolutely.

Maybe your divorce starts with five disagreements. Then you resolve two through your attorneys, two more at mediation, and eventually find a solution to the last one.

A divorce that starts contested does not have to stay contested.

Reaching an agreement along the way can narrow the issues that need to be addressed by the court and, in some cases, eliminate the need for the court to decide those disputes altogether.

So... Which One Is My Divorce?

Forget the labels for a second and ask one question:

Is there anything my spouse and I still cannot agree on?

If the answer is no, your divorce may be uncontested. If the answer is yes, you may have a contested issue that still needs to be worked through.

Either way, you do not have to figure out what comes next on your own.

 If you are thinking about divorce in Florida, we can help you find out whether we are the right fit. Call us at 850-362-7228, or complete the form on our website and we will call you.

Written by Sophia Thephasdin. Reviewed for legal accuracy by Matthew Ausley, Attorney.