TL;DR – Contested vs. Uncontested Divorce
Understanding the Differences Between Contested and Uncontested Divorce
Divorce Isn’t One-Size-Fits-All—Know Your Options
When you’re facing a divorce, one of the first questions that comes up is: Will it be contested or uncontested?
This decision can shape the timeline, cost, and emotional toll of your case. At Brandon Legal Group, we guide families through both contested and uncontested divorces in Florida, helping them make informed decisions that align with their goals.
Let’s break down what each type means—and which one might be right for you.
What Is an Uncontested Divorce in Florida?
An uncontested divorce means both spouses agree on all key terms of the divorce, including:
- Division of assets and debts
- Child custody and timesharing (if applicable)
- Child support and/or alimony
Uncontested divorces are ideal for couples who want a clean break and are willing to work together for the sake of peace, efficiency, or their children.
What Is a Contested Divorce in Florida?
A contested divorce happens when the spouses cannot agree on one or more major issues—whether it’s custody, finances, or the divorce itself.
This type of divorce typically involves:
- Formal legal filings and responses
- Multiple court hearings
- Discovery of financial records
- Negotiations, mediation, or trial
Contested divorces take longer and cost more, but may be necessary when fairness, protection, or enforcement is at stake—especially in high-conflict or high-asset cases.
Key Differences Between Contested and Uncontested Divorce
| Factor | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Agreement on Terms | Yes, full agreement | No, one or more disputes |
| Time to Resolve | Usually faster | Often takes longer |
| Cost | Lower legal fees | Higher due to court time |
| Stress Level | Generally lower | Can be high due to conflict |
| Need for Court | Often not required | Usually required |
Which Divorce Path Is Right for Me?
If you’re wondering which divorce is right for me, consider these questions:
- Are you and your spouse communicating respectfully?
- Can you agree on parenting and finances?
- Do you want to avoid court?
If you answered yes, filing an uncontested divorce may be a good option. If not, we can guide you through the Florida divorce process step-by-step—even if it becomes contested.
Florida Divorce Attorneys Who Simplify the Process
Whether your divorce is amicable or contentious, Brandon Legal Group is here to protect your interests and help you move forward. We’ve handled every type of case—from fast-track filings to full courtroom litigation.
We’ll help you evaluate your options and build a strategy that prioritizes your future, your children, and your peace of mind.
Let’s Take the First Step Together
Contact us today to speak with a Florida family law attorney. We’ll help you understand your rights and the best path forward—contested or uncontested.
Schedule your confidential consultation now.
Frequently Asked Questions
What makes a divorce uncontested?
Both spouses agree on all key terms—property division, custody, support, and alimony. There are no unresolved disputes to litigate.
Can an uncontested divorce become contested?
Yes. If either party changes their mind or stops cooperating, the case may move into contested territory and require court involvement.
How long does a contested divorce take in Florida?
It depends on the complexity of the case, but contested divorces can take several months to over a year. Uncontested cases are usually faster.
Do I still need a lawyer for an uncontested divorce?
Yes. Even in amicable cases, an attorney ensures that all paperwork is correct, rights are protected, and the agreement is legally enforceable.
What if we agree on most things but not everything?
You may still start the process uncontested and work toward full agreement with help from mediation. If issues remain unresolved, it becomes contested.
