Separating couples who have decided to divorce have two basic divorcing options available in the state of Florida.
Each has a unique set of timelines and prerequisites, from waiting periods between fillings to the final divorce decree. The associated legal cost and court fees will also vary.
As the name implies, a contested divorce is one in which the spouses do not agree on important issues in order to terminate a marriage. Contested divorces are fairly common now, as a result of the complexity of our lives. Couples who are divorcing may find it difficult to come to agreeable terms on such topics as child custody, child support, asset distribution, debt allocation, alimony, property division, and temporary spousal support, among other areas.
With the assistance of an attorney, couples may find it easier to reach an agreement in these matters; but when agreement is not possible, it becomes the courts duty to adjudicate their dispute.
In the case of an uncontested divorce (often called a “simple divorce”) the couple is able to agree on all issues in order to terminate the marriage with no matters unresolved. That does not necessarily mean the divorce was amicable. Sometimes couples agree to disagree. A spouse does not necessarily have to be happy with the terms to agree with them. It simply means that they have chosen to come to an agreement without the court’s involvement.
There are many reasons why someone might choose an uncontested divorce. Speed, ease, simplicity, convenience, privacy and cost. While a lawyer is not required in order to file for an uncontested divorce, many couples seeking an uncontested divorce do hire an attorney to assist with the process. That being said, legal counsel is not required as anyone can file a petition or complaint for divorce.
Uncontested divorces involving minors often result in a dispute over child custody and child support matters. If these disagreements can not be worked out between the divorcing couple, council is then hired and the type of divorce switches from uncontested to contested.
If you have questions about the divorce process, whether contested or uncontested, we invite you to contact us today using the form below or by phone. We will review your legal matter with respect for your privacy and assist you with answers to those questions that are troubling you.
Divorce can be a very stressful time. The relationship dynamic can go from good to bad, and back to somewhere in between, all in the matter of hours. The emotional highs and lows from day to day can take a toll on your judgement. Seeking the guidance of someone who can look out for your best interest with respect to your legal rights is often a very good idea.
Don’t suffer alone, or silently hope that doing nothing will somehow make everything get better. Whether you are the one who is initiating the divorce or married to a partner who is, we are here to listen and guide.
Take a moment and contact us today. We service the Tampa, Brandon, Valrico, and Riverview areas. You can use the form below or call us. You will find The Curry Law Group to be a caring and compassionate firm who will vigorously defend your parental rights and give you solid legal council in this very sensitive and personal time.