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Uncontested Vs. Contested Divorce: Do You Know The Difference?

In a nutshell, an uncontested divorce means that both parties have agreed on all terms prior to the trial, including distribution of assets. A contested divorce occurs when the couple cannot have a mutual agreement successfully due to certain disagreements.

Many people do not realize that they have these options. 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.

What Is Uncontested Divorce?Couple getting a 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. To prevent a potential conflict of interest, a lawyer may represent only one side at all time. However, the other spouse is free (and highly encouraged) to retain his or her own lawyer.

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 separate legal representation. Any negotiations over property division, alimony and child custody, parenting plans and time-sharing 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. If mediation proves ineffective, the case will then proceed to trial.

Which One Is Right For You? We Can Help You Find Out.

At the Fort Lauderdale, Florida-area Law Office 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 Us Today To Learn More

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. Call (954) 280-6119 to arrange an appointment. For your convenience, evening appointments are available.