Choosing Between a Contested and Uncontested Divorce
The Process in an Uncontested Divorce
Even with this straightforward a process, there is still the question of whether to go through the courts with a contested divorce or settle it out between yourselves and choose the route of an uncontested divorce. How does a couple make this decision? Well, money can be a very big factor with an uncontested divorce. This is because of the simple fact that the less time you and your lawyer spend in court the cheaper it will be for you. Can you still talk to each other? Can you agree on the important issues?
The things you will need to be able to work out between you are likely to be:
The division of property - generally meaning your home and car
The division of debt - this can be tricky if credit cards and bank accounts are in both names.
Alimony – this can be obvious if one of you stays home with the kids, but it is always a negotiation
Child support – this will need to be affordable for both parties
Visitation rules - these will need to be agreed to beforehand and kept
You will also need to fully reveal your financial situation. It is important that both parties do a full financial disclosure so that there are no surprises that force everyone into Family Court at a later date. If you can handle these basics and work together to draw up a document that spells this all out, then an uncontested divorce might be the route for you.
Sometimes even the best of intentions don’t work out. You may have tried to do an uncontested divorce but couldn’t see eye to eye on some crucial questions. Sometimes there is a sticking point that neither will budge on, usually having to do with either money or children, and then it seems only a judge will be able to settle it.
Sometimes there has been violence, and if there has been you may need to ask your lawyer to have the court order the offender to leave your home for the sake of you and your children’s safety. If your spouse it out of control, then don’t hesitate to make this move. If you can’t get them to leave, leave the house yourself. You are not giving up your rights, but talk to your lawyer before you do it.
Contested divorces can get lengthy and are often bitter. If there is a way to do an uncontested divorce it will be easier on everyone, but it isn’t always possible. The bottom line is to make sure you get professional help no matter which way you decide you need to go.
I am a big believer in taking in as much knowledge as possible in any situation. If you know that you are going to be facing this kind of decision in the near future, find out all you can about what to expect and most of all what your rights are. We have created a free eBook called The Florida Divorce Survival Guide and I recommend anyone who is considering either a contested or uncontested divorce in Florida to download and read this guide. It isn’t that long, only a little over 80 pages, but it has some good advice from Florida divorce attorney Robert Peterson. And when you are ready, contact us. We can do a free consultation to go over your situation and give you advice on where to go from here. Everyone deserves a happy life, but the first step towards that is yours.