Uncontested divorce is the simplest option in Florida, but it requires full agreement. Here’s what happens if one issue remains unresolved.
What Makes a Divorce ‘Uncontested’ in Florida
An uncontested divorce does not mean that both spouses agree to the idea of a divorce generally. Instead, it means that both spouses have reached an agreement on all issues required in a divorce
- what constitutes marital assets and debts,
- how marital assets and debts are being split up,
- the timesharing schedule if children are involved,
- what the amount is for child support,
- whether alimony is being paid or waived,
- and anything else related to a divorce.
If you reach an agreement on everything but one issue (the most common usually being alimony), then your divorce is not uncontested.
Why One Unresolved Issue Changes the Divorce Type
If you and your spouse have a disagreement over just one issue–and you cannot get past that disagreement–then your divorce is considered a contested divorce. There are essentially two ways that the marital issues for a divorce are resolved–by the couple reaching an agreement or by the judge deciding for the couple. If you cannot resolve an issue, and that does not change throughout the process, then the only avenue is to have the judge decide things. The court cannot finalize an uncontested divorce unless everything has been settled and decided by the couple.
Even if you just have one sticking point, that changes the posture of your divorce into a contested divorce, which requires different filings and paperwork than a fully agreed upon and uncontested divorce.
One option that is worth exploring for some couples in this circumstance is a partial settlement agreement that resolves all of the issues agreed upon and reserves a discrete number of unresolved issues for the court’s review. This can be an effective way to ensure that all of the work done to reach an agreement over most of the issues is preserved and things don’t unwind into a full contested divorce where you are back to arguing over everything.
Common Issues That Can Disqualify an Uncontested Divorce
Common Issues
How to Keep Your Divorce Uncontested
Property division disputes.
If your priority is to obtain a divorce that is quick and efficient, it may require you to make concessions that are outside of what you are “entitled” to legally.
Child custody/visitation disagreements.
Focus on what is truly in the best interests of your children, and not on scoring points or “winning.”
Child support or alimony questions.
Child support is a straightforward calculation; alimony is a much more difficult concept but keeping the focus on compromise solutions instead of an all-or-nothing approach helps.
We often refer to an uncontested divorce as a “kitchen table divorce” because the idea is that both spouses, despite their differences, come together at the kitchen table to hash out the issues and decide what is best and what they can agree on.
Sometimes a couple gets far along in a “kitchen table divorce” but a point comes where one or both spouses need legal advice on the terms they are crafting. Artemis Family Law can help in this capacity without the need for a full litigation attorney situation. These unbundled legal services can help us meet families where they are in the process without committing to an expensive legal process and attorney’s fees.
Contact Artemis Family Law to see if mediation can help resolve your last issue.
How Artemis Family Law Helps Couples Stay on Track
First, we help identify whether your matter qualifies as truly uncontested yet. Second, if it doesn’t, we identify all of the remaining issues to be resolved. Third, we look for solutions for the lingering unresolved issues, including mediation or settlement negotiations.
Once a couple has reached a full agreement conceptually, we draft the agreement to ensure it meets all of the requirements of Florida law and is binding and enforceable. One of the worst mistakes is when a couple goes through lengthy negotiations and discussions only for their work to be thwarted by a vague agreement or one that is otherwise not enforceable for various reasons.
FAQs
What if we resolve our last disagreement before filing?
Then your divorce would be filed as an uncontested divorce.
If we settle our dispute later, can we switch to uncontested divorce?
Yes. The reality is that most divorces that start out contested do end up resolving before trial, whether through settlement negotiations or mediation. Once everything is agreed upon and signed, the posture of the divorce changes to an uncontested divorce.
Do small disagreements, like who keeps furniture, make the divorce contested?
Technically yes. Usually the cost of the small disagreements is not worth the expense of blowing up an otherwise uncontested divorce, so couples usually find a compromise. And frankly, judges don’t want their time taken up to resolve disputes over furniture, towels, baby pictures, or lawn mowers.
Can one unresolved issue increase the cost or time of divorce?
Yes. The longer an issue remains unresolved, the more legal time is required to attempt to find a solution. This makes the divorce costlier and take longer.
How can a lawyer help us stay in the uncontested process if we’re close to agreement?
A trained mediation attorney, like those at Artemis Family Law, can help a couple discuss and negotiate the sticking points, while maintaining neutrality. Outside of the litigation services, an attorney can provide legal advice to one of the couple (but not both) about the terms they are trying to figure out.
Is mediation required to resolve disputes in an uncontested divorce?
No. While mediation can be very helpful in resolving disputes in an uncontested divorce, there are other ways for couples to reach agreement. The important part is that agreement is reached and memorialized in proper paperwork.
Schedule a Consultation
If one issue stands between you and an uncontested divorce, we can help you resolve it efficiently. Our attorneys guide you through the next steps to keep your case moving forward.