Within the State of Florida there are three types of divorces; simple dissolutions of marriage, contested dissolutions of marriage and uncontested dissolutions of marriage. This topic will discuss the difference between the last two.
Whether a dissolution of marriage is contested or uncontested depends on the parties themselves. If the Husband and Wife can agree as to each and every issue concerning their dissolution of marriage then they can proceed uncontested. If the parties cannot agree as to each and every issue then they must proceed with a contested dissolution of marriage.
Contained within any dissolution of marriage action there are various issues which must be either litigated or negotiated between the parties. Each case must be reviewed independently and handled on an individual basis. Issues such as custody, child support, visitation, health insurance, property distribution, alimony, the marital home, domestic violence, debt division and others may arise in any particular dissolution of marriage and must be resolved either by the Court or the parties. If the parties can agree as to how each and every issue in their case is to be decided then the parties can proceed with an uncontested dissolution of marriage. If the Husband and Wife cannot agree as to any particular issue or issues then the parties cannot proceed in an uncontested manner.
The procedure for an uncontested dissolution of marriage is different from one which is contested. An uncontested dissolution takes normally less time and is less expensive due to the parties having already agreed to all of the issues.
The procedure for a contested dissolution of marriage is more formal. The dissolution paperwork should be drafted by a qualified attorney and must be served upon the opposing spouse by a process server or the Sheriff's office. The responding spouse then has a period of time to respond to the paperwork. The contested issues concerning the dissolution of marriage are presented in this paperwork, called pleadings.
It may be helpful to discuss with an attorney whether your dissolution of marriage can be resolved in an uncontested manner. In some circumstances what may seem like a hopeless situation may in actuality be an easily resolved situation with the proper guidance and advice of an attorney who is skilled in this area of the law.
What may have been a simple case for your sister, friend or neighbor may not be as simple in your particular circumstances.
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