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What’s the Difference Between Contested and Uncontested Divorce?

For some divorcing couples, the only thing they can agree on is that they want a divorce. Their lawyers must argue their unresolved issues in the courtroom, and a judge must make the final determination on how to resolve their differences. In a contested divorce, the couple must live with whatever orders the judge imposes on them. However, Palm Beach uncontested divorce attorneys can help couples to resolve disputes through negotiation and mediation.

Uncontested divorce requires opposing spouses to reach agreement on major disputes prior to intervention by the court. This agreement must include a plan for equitably handling difficult issues like the following:

  • Child custody
  • Child support
  • Spousal support
  • Division of marital assets

In the majority of cases, these negotiations take place in non-courtroom settings, often with the advice of their respective lawyers. There is also a national growing trend to enlist the help of a mediator, who can help couples find compromise wherever possible. Some counties simply make mediation services available to divorcing couples, while other counties actually mandate that couples try mediation before proceeding to divorce court.

Compared to a contested divorce, there are many benefits to uncontested divorce in Florida, including:

  • It is less expensive than a bitter, protracted court fight
  • It is less adversarial and preserves the relationship
  • It fosters open communication where both parties are heard
  • Final decisions are made by the two parties who understand the situation best
  • Compliance with the agreement is greater than with court-ordered settlements

The divorce attorneys at Feldman & Schneiderman, P.L. can help protect your rights and interests and advise you of potential risks, costs, and the likely outcome of any proposed course of action.