The Difference Between Contested and Uncontested Divorces

by Kenneth A. Friedman on Oct. 21, 2014

Divorce & Family Law Divorce & Family Law  Divorce Divorce & Family Law  Family Law 

Summary: An uncontested divorce can have advantages for many divorcing couples, saving time and money.


 

THE DIFFERENCE BETWEEN CONTESTED AND UNCONTESTED DIVORCES

 

    An uncontested divorce is one which proceeds to final judgment without any opposition either because the parties have no children or property or support issues at all, or because they have come to an agreement on all of their issues.  An uncontested final hearing takes only a few minutes.  It is required that residency be proven, usually by showing a valid Florida driver’s license issued at least 6 months prior to the filing of the Petition for Dissolution of Marriage.  Sometimes, a residency witness or corroborating affidavit has to be used because the party does not have a driver’s license.  If the parties have a written agreement, it has to be submitted into evidence and approved by the Judge.  When no one is contesting the case, the approval is usually routine.  Sometimes, if the parties are not represented by attorneys, the Judge looks at it more closely to determine that it complies with the law, especially as to child support and parenting time.  If there is a request for a name change, a few additional questions have to be asked to determine that the requested name change is not for the purpose of avoiding creditors.   The party also has to say, under oath, that the marriage is ‘irretrievably broken’, which is the grounds for a no fault divorce.   Sometimes, the Judge will ask if there is anything anyone can do to reconcile the parties.  Occasionally, the Judge will ask if the party if satisfied with their legal representation.   When I attend an uncontested final hearing, we spend more time waiting our turn than we do in front of the judge.   At the conclusion of the hearing, the Judge signs a Final Judgment of Dissolution of Marriage and the parties are officially single.  When the case begins and ends as an uncontested divorce, it typically takes between 3 and 5 weeks to conclude from the time of filing the Petition. 

    A contested divorce is one where the parties fight out all of their issues in our adversary system and a judge ultimately decides the outcome of everything.  A contested divorce can become an uncontested divorce at any time if the parties come to an agreement, and they are usually ordered to attend court-ordered mediation before they are allowed to go to trial before the Judge.  

    After the Petition for Dissolution of Marriage is filed and served on the other party with a summons, the other party has to file an Answer admitting or denying the allegations of the Petition, and may also file a Counter-Petition for divorce.  After the pleadings are filed, both parties have an obligation to provide Mandatory Disclosure which includes tax returns, bank statements and other financial documents regarding the parties’ incomes, assets and liabilities.  In addition to the Mandatory Disclosure, attorneys typically ask for much more extensive production of documents, ask questions to be answered under oath (Interrogatories) and may take depositions from the parties and any witnesses.   Motions may be filed to set temporary support, to punish any alleged violations of orders made in the case,  or for an almost unlimited range of other issues regarding the discovery and processing of the case.  For parties with a great deal of assets or who own a going business, it may take a great deal of time and money to determine the value of the assets or the income of the parties.  It would be unusually speedy for a contested divorce to be concluded in less than 3 months.  Typically, these cases are going to take more than 6 months before they go to trial, and some may go on for years. 

    Obviously, one of the major differences between contested and uncontested cases is the amount of attorneys fees.  The other major difference is in how long it takes to get through the process.  However, in either case the law is the same, and the results might not be all that different.  We always recommend that clients consider whether it is possible to agree on all of their issues before they even file for divorce.

Copyright 2012, Kenneth A. Friedman

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