Uncontested Verses Contested Divorce

South Florida Lawyer Handling Uncontested and Contested Divorces

Many people do not realize that they have options when it comes to divorce. If you and your spouse are parting amicably, an uncontested divorce may be a less expensive and less stressful alternative. However, if your separation is due to heated issues, you may proceed with a traditional contested divorce.

At the Fort Lauderdale, Florida, area Law Offices of Jerome P. Ventura, P.A., we represent clients in both uncontested and contested divorce proceedings. Our founding attorney, Jerome Ventura, has more than 25 years of experience helping couples sort out their differences through negotiation, mediation or litigation.

Contact our office at 954-438-2828 to discuss your divorce options during a no-charge, limited initial consultation. For your convenience, evening appointments are available.

What is Uncontested Divorce?

An uncontested divorce is possible when both parties are able to agree on all terms of their divorce, including spousal support, child support, property division and child related issues. In order to prevent a potential conflict of interest, a lawyer may only represent one side in an uncontested divorce. However, the other side is free (and highly encouraged) to retain their own lawyer.

Our client can visit our office and bring home information to share with their spouse. Through a series of negotiations or revisions, both parties may ultimately reach a comprehensive settlement agreement and proceed to a final hearing.

What is Contested Divorce?

Many divorces start out uncontested, but regress into a contested divorce when couples are unable to reach mutually acceptable agreements. In a contested divorce, each spouse retains their own legal representation. Any negotiations over property division, alimony and child custody, Parenting Plans & Visitation are handled through legal counsel. When it appears that an agreement cannot be reached, the case will quickly move forward to mediation in an effort to prevent a trial before a judge. In the event mediation proves ineffective, the case will then proceed to trial.

Please note, there are a few requirements that must be met in order to obtain a divorce in Florida. It must be shown that the marriage is irretrievably broken and at least one of the spouses must have lived in Florida for at least 6 months prior to the divorce filing. In addition, Florida is a no-fault divorce state, meaning that grounds for a divorce (e.g., adultery) are not required. Irreconcilable differences is sufficient cause for a divorce.

Contact the Law Offices of Jerome P. Ventura, P.A.

Whether you would like to pursue an uncontested divorce or would prefer a more traditional approach, we will strive to protect your rights and meet your goals. Contact us at 954-438-2828 to arrange an appointment.

Prior to your consultation, please complete our Family Law Intake Form. It will help us gain a better understanding of your situation and your needs.