Contested vs. Uncontested Divorce in Florida: What You Need to Know
Navigating the end of a marriage is never easy. Between emotional stress and logistical hurdles, the legal process can often feel overwhelming. In Florida, understanding the legal landscape is the first step toward finding a resolution that works for you.
Florida is a “no-fault” divorce state. This means that to file for divorce, you do not need to prove that your spouse did something wrong, like adultery or abandonment. You simply need to state that the marriage is “irretrievably broken.” While this simplifies the grounds for filing, the process itself can still vary significantly depending on whether you and your spouse can agree on the terms of the separation.
Broadly speaking, there are two main paths a divorce can take in Florida: contested and uncontested. Understanding the difference between a contested vs uncontested divorce is crucial, as it impacts the timeline, cost, and emotional toll of the proceedings. The divorce attorneys at C. Alvarez Law can explain.
What is an Uncontested Divorce?
An uncontested divorce is often the most straightforward path to dissolving a marriage. It occurs when both spouses mutually agree on all key issues related to the separation before the court makes a final judgment.
For a divorce to be truly uncontested, you and your spouse must be in complete agreement on every major aspect of your life together. This includes:
- Division of Assets and Debts: Who keeps the house? Who takes on the credit card debt? How are retirement accounts split?
- Alimony: Will one spouse pay spousal support to the other, and if so, how much and for how long?
- Child Support and Parenting Plans: If you have minor children, you must agree on a time-sharing schedule and financial support calculations according to Florida guidelines.
The benefits of an uncontested divorce are significant. Because there is no need for a judge to resolve disputes, the process is generally much faster and less expensive. It allows you and your spouse to maintain control over the outcome rather than leaving decisions in the hands of the court.
What is a Contested Divorce?
A contested divorce happens when spouses cannot agree on one or more issues. Even if you agree on 90% of the terms, a disagreement on a single issue — like the value of a specific asset or a detail in the parenting plan — can turn the case into a contested matter.
Because there are unresolved disputes, the court must intervene. This process is more formal and structured. It typically involves:
- Filing a Petition: One spouse files for divorce, and the other responds.
- Discovery: Both sides exchange detailed financial information and evidence. This is a formal legal process that ensures transparency but can be time-consuming.
- Mediation: Florida courts typically require couples to attend mediation to try to resolve their differences with a neutral third party before going to trial.
- Trial: If mediation fails, the case goes before a judge. Both sides present their arguments and evidence, and the judge makes the final ruling on all disputed issues.
Key Differences Between Contested and Uncontested Divorce
While the result — the dissolution of the marriage — is the same, the journey there looks very different depending on which path you take. Here is a breakdown of the key differences:
1. Agreement vs. Disagreement
The fundamental difference lies in cooperation. Uncontested divorce relies on mutual agreement and negotiation outside the courtroom. Contested divorce arises from disagreement, necessitating external intervention to settle the terms.
2. Timeframe
Uncontested divorces are typically much faster. In Florida, if all paperwork is in order, an uncontested divorce can sometimes be finalized in as little as 4 to 6 weeks. Conversely, a contested divorce often takes significantly longer — often from nine months to several years — due to the time required for discovery, mediation scheduling, and court availability.
3. Cost
Cost is often a major concern. Uncontested divorces are generally less expensive because they require fewer billable hours from attorneys and avoid litigation costs. A contested divorce involves higher costs due to the extensive legal work required for discovery, hearings, and trial preparation. Average costs for contested cases can range from $10,000 to over $25,000, whereas uncontested cases average between $1,500 and $3,500.
4. Court Involvement
In an uncontested divorce, court interaction is minimal. You may only need to appear briefly for a final hearing. A contested divorce involves significant court oversight, including case management conferences, hearings on temporary relief, and potentially a full trial.
5. Complexity
Uncontested cases are administratively simpler. Contested cases are procedurally complex, involving formal rules of evidence and strict adherence to legal procedures during the discovery and trial phases.
Moving Forward With Confidence
Deciding between a contested and uncontested path isn’t always a simple choice; sometimes, despite best efforts, agreement cannot be reached. However, understanding the distinctions between a contested divorce and an uncontested divorce empowers you to prepare for what lies ahead. As divorce grows ever more expensive, it’s important to try to prevent contestations as much as possible.
Whether you and your spouse have worked out all the details or are facing significant disagreements, consider collaborative divorce. With this process and legal guidance from C. Alvarez Law, you can help ensure your rights are protected, your paperwork is filed correctly, and the costs don’t balloon exponentially.
If you are considering divorce in Florida, don’t navigate the legal system alone. Contact C. Alvarez Law today to discuss your case and find the best path forward for your future.
C. Alvarez Law
Latest posts by C. Alvarez Law (see all)
- Contested vs. Uncontested Divorce in Florida: Key Differences - February 16, 2026
