Uncontested and Contested Divorce

Regardless of if your divorce is uncontested or contested, getting divorced is a legally and emotionally complex procedure. That is the reason it is important for you to have a skilled, experienced and caring attorney on your side. At Winston Law, P.A. we handle both contested as well as uncontested divorce matters.

Florida law refers to divorce as “dissolution of marriage” and is a no-fault divorce state. This implies that the parties file for divorce under the condition that the marriage is “irretrievable broken” and not because of the fault of either party. Fault can be considered when determining issues of child custody and timesharing, equitable distribution of the assets and liabilities and spousal support.

Florida does recognize two kinds of divorce, uncontested divorce and contested divorce. An uncontested divorce is one in which both parties agree to all the issues that may come up in their divorce. Depending on the situation those issues may include, equitable distribution of the assets and liabilities, spousal support or alimony, parental responsibility, timesharing and visitation. Since the parties are able to agree on their issues, uncontested divorces are typically less stressful and more amicable than uncontested divorce. Even if you and your spouse are able to agree on all the issues in the marriage, it is very important to consult an experienced attorney to thoroughly explain your rights and guide you through the complex process. Winston Law, P.A. offers affordable flat fees in uncontested divorce cases.

A contested divorce is one in which each party disagrees on the matters that may arise in the divorce. Contested divorces are usually more costly and stressful on both parties. If the parties can’t agree after negotiations the court will likely require a mediation. If after mediation, the parties still are not able to agree on all or some of the issues the case will go to trial and a judge will decide any issues the parties cannot agree upon. Contested divorces can last anywhere from 6 months to several years.

If you or a loved one are thinking of divorce or are interested in more information, contact Winston Law, P.A. at susan@winstonlawpa.com or (561) 670-9375.