Uncontested and Contested Divorce

Whether your divorce is uncontested or contested, getting divorced is a legally and emotionally perplexing process. 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 means that the parties file for divorce under the standing that the marriage is “irretrievable broken” and not because of the fault of either party. Fault can be considered when determining matters of child custody and timesharing, equitable distribution of the assets and liabilities and spousal support.

Florida recognizes both uncontested divorce and contested divorce. An uncontested divorce is one in which both parties agree to all the issues that may arise 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 often times less stressful and more civil than uncontested divorce. Even if you and your spouse are able to reach agreements on all the issues in the marriage, it is still important to consult an experienced attorney to thoroughly explain your rights and guide you through the intricate process. Winston Law, P.A. offers affordable flat fees in uncontested divorce cases.

A contested divorce is one in which each party does not agree on the matters that may come up in the divorce. Contested divorces are typically both more costly and stressful on the 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.