Summary
This transcript explains the key differences between contested and uncontested divorces in Florida. A contested divorce involves disagreements requiring court intervention, potentially leading to a trial. An uncontested divorce means both parties agree on all issues before or shortly after filing, resulting in a smoother, faster, and cheaper process. While some simple uncontested divorces might be handled without attorneys, legal representation is highly recommended when children or significant assets are involved. The attorney prepares the necessary legal documents and ensures the agreement protects their client’s rights.
Highlights
- ⏱️ Contested Divorce: Disagreements necessitate court intervention, potentially leading to a trial and increased costs and time.
- 🤝 Uncontested Divorce: Both parties agree on all aspects of the divorce before filing or soon after, leading to a quicker and less expensive resolution.
- 👨👩👧👦 Children & Assets: Legal representation is strongly advised in uncontested divorces involving children or significant assets to ensure fair division and legal protection.
- 💰 Cost & Time Savings: Uncontested divorces are significantly less expensive and time-consuming than contested divorces.
- ⚖️ Attorney’s Role: Even in uncontested divorces, an attorney prepares the legal paperwork, ensures the agreement is legally sound, and protects their client’s interests.
Transcript
00:00
is my divorce an uncontested divorce in Florida you might have heard the different types of divorces of one being uncontested and one being contested so what does that mean a contested divorce is where you and the other side do not agree it’s where you might need a judge to make the decision for you and in a
00:19
contested case sometimes you might settle along the way that happens in a lot of tested cases where they maybe go to a mediation and they’ll settle at that point all the way up until the trial but in these contested cases they’ve been filed you’re proceeding along within the case and you’re proceeding forward towards a judge
00:44
making that final decision if the judge needs to and that’s if you can’t come to an agreement somewhere along the way now what is the difference with a uncontested divorce an contested divorce is before you’ve even filed you are moving towards settlement you are moving towards a resolution of your case before
01:08
you’ve even filed it or in some situations shortly after you filed the case sometimes people will want to file in order to get a line drawn in the sand because as I’ve said before in a number of other videos that I’ve done and check out our Channel if you haven’t any other questions and a lot of my other videos
01:30
on this channel I’ve said that the court looks at the valuation and looks at a lot of different issues in the divorce as from the date you get married until the date you file for divorce so the day you say I do versus the day you say I don’t so sometimes people want to draw a line in the sand and file the case the
01:50
actual filing of the case doesn’t always necessarily make it completely uncontested sometimes people will want to file and then still will be moving towards a resolution because they’re on the same page what is an uncontested divorce it’s where you and the other side agree on all of the issues you’ve
02:09
come to the table and said all right here’s what we’re going to do if you have kids on custody and child support there’s an agreement on alimony there’s an agreement on the division of assets and liabilities if you’ve agreed on all of the different issues and you provide it to the attorney so the attorney can
02:26
create an agreement and make sure that legally sufficient and that your rights are protected in that agreement so that’s the benefit of having an attorney deal with an uncontested divorce as well now there’s a lot of uncontested divorce situations where there’s no kids or assets or anything that maybe them doing
02:44
it themselves might be the preferred process but if you have children if you have assets you want to make sure that you’re doing all this correctly so that’s usually why people would want to still have an attorney prepare the paperwork for that one person because again as a Florida attorney we can only
03:06
represent one side so even in an uncontested divorce we only represent one of the parties but we prepare the settlement packet and prepare all the different forms for our client and we’ll send it over to the other side for Signature what’s the benefit of uncontested divorce it’s less time consuming it’s
03:22
less costly and it gets you to the finish line
