Divorce, we think, is always about fighting. Whether because of what friends have told us, or because of what we see on the news or the media, nobody can quite believe that there are some divorces that do not involve a lot of fighting—these are what we call uncontested divorces.
What is an Uncontested Divorce?
The word uncontested divorce is a bit misleading. Uncontested divorce does not mean that you and your spouse initially agree on everything or that there are no disputes between the parties. Rather, an uncontested divorce is a divorce proceeding where, by the time it is filed in the court, the parties have already negotiated, worked out, or agreed upon the contentious or contested issues in the divorce.
Working Out the Issues
How do the issues get resolved before the divorce is even filed? Often, the issues have been worked out as a result of negotiation between the parties, and perhaps, attendance at alternative dispute resolution—specifically, mediation.
In some cases, the parties can work out the issues between themselves. They know what they want, they know what they can tolerate, they do not want to fight, and they have worked out a give and take between them that resolves all the contested issues in the divorce.
Sometimes, the parties cannot do it amongst themselves. Sometimes, they need the help of a neutral, usually a qualified and trained family law mediator, who will help the parties come to an agreement on the more contested issues in the upcoming divorce.
Although it is common to file a divorce case, and then have the court send both spouses to mediation to try to resolve the matters in the divorce case, many people do not realize that you don’t need an actual, pending, filed divorce case in order to go to mediation. Parties can opt to go to mediation at any time, and often, they voluntarily select a mediator and go to mediation before the divorce case is even filed.
Filing the Uncontested Divorce
In either scenario, if the issues between the parties have been agreed upon, all that needs to be done is to memorialize the agreement between the parties in writing and file the divorce with the court.
In addition to filing the settlement agreement, you will have to attend a parenting course (often available virtually), and work out a parenting plan with your spouse. All of these are then filed with the court.
The divorce at that point will be filed as uncontested, and in the case, all the judge really has to do is review the agreements between the parties, including state required paperwork, such as time-sharing or child support guidelines if there are minor children of the marriage, and then the judge can grant the divorce.
Depending on the court, you may have to attend this final hearing in person, but in other cases, you may be able to appear virtually (online). Either way, because you have already agreed on all the issues, the hearing is only about 5 to 7 minutes, which your family law attorney will prepare you for.
It doesn’t matter how much property, money, or assets you have. Uncontested (and simplified) divorces are available to everyone, and have the same benefits, whether you have large and complex assets and estates to be divided, and a long-term divorce where spousal support may be an issue, or whether you have nominal assets and a shorter-term marriage.
Simplified and Uncontested
Note that you may also see the term “simplified dissolution of marriage.” This means the same thing as an uncontested dissolution of marriage, except simplified dissolution is where there are no minor children and where there will be no spousal support requested in the divorce. If you agree on property division, you may not even have to fill out a financial affidavit in a simplified divorce.
Why Uncontested?
Uncontested divorce has a number of benefits to both spouses and the children of the marriage.
The main one is peace of mind; you have avoided months (or more) of costly, contentious fighting between you and your spouse.
You also will have your final judgment of divorce entered, much faster—in some cases as quickly as 60 to 90 days from the date that you file, thus allowing you to move on with your life. The lack of a drawn-out, harrowing, emotional, and hostile contested divorce also has benefits for any minor children, who are not subject to the kind of hostility that kids often are exposed to when a divorce is hotly contested.
There are other benefits to an uncontested divorce as well. That includes cost. Yes, an attorney should be retained to help you work out and negotiate your settlement agreement and parenting plan and to assist you in filing the divorce, but your attorney’s fees, costs, and expenses are far, far less than they would be in a drawn-out, hotly contested divorce case.
Another benefit is control. With an uncontested divorce, you have already agreed and negotiated the issues in the divorce between yourself and your spouse. You have taken these issues out of the hands of a judge to decide. You can make decisions that work for you and your children, and agree or disagree with what you want to, without having a judge tell you what is best for you or your children.
When is Uncontested Divorce Not a Good Idea?
If you agree on some, but not all issues, you cannot get an uncontested divorce, because there are remaining issues that a court must decide (at least, until and unless you can resolve those issues as well).
That does not mean it is worthless to resolve whatever you can before you file for divorce—you can agree to certain parts of a divorce, and then leave other parts open to be decided by the court, in divorce litigation. Agreeing on some issues will still make the process cheaper and quicker than if you agreed on no issues at all.
There are some scenarios where an uncontested divorce may not be a good option. In situations where there may be a history of violence between the parties, or where there is pressure or coercion between spouses, whereby a spouse does not feel he or she has an equal bargaining opportunity, an uncontested divorce may not be the best option.
Divorce does not always have to be about fighting. Contact us to see if an uncontested divorce is right for you.
Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave Suite #124,
Winter Park, FL 32792 and 3720 Suntree Blvd., Suite 103G, Melbourne, FL. 32940.
You may contact Anthony Diaz by calling 407-212-7807 or by email An*****@************aw.com or visit www.AnthonyDiazLaw.com.
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Anthony Diaz is a Family Law and Collaborative Divorce attorney, mediator, speaker and coach in Orlando. Known as The Peacemaker, his practice specializes in divorce with dignity, mediation, collaboration, uncontested and out-of-court options to help families find peaceful solutions.
With over 20 years of experience, Anthony is passionate about helping his clients resolve conflict, reduce stress and move peacefully through the divorce process without going to court. He has helped thousands of families experience a more positive outcome.
As a Florida Supreme Court Certified Family and Circuit Civil Mediator, a State Qualified Arbitrator, and an esteemed member of the Leadership Academy of the International Academy of Collaborative Professionals, Anthony’s expertise in mediation and conflict resolution makes him uniquely qualified to help couples navigate the emotional and financial challenges of divorce.
He is an active and highly respected professional in the Florida collaborative community. Anthony serves as Co-Chair of the Florida Academy of Collaborative Professionals Outreach Committee and is a Board Member of the International Academy of Collaborative Professionals.
Prior to opening his private practice, Anthony was a CPA and an Assistant State Attorney for the Ninth Judicial Circuit of Florida. He earned his degree at Stetson University College of Law.
Anthony is also a published author, co-authoring Faces Behind the Pages and Creating Relationships and Family with Courage and Compassion. His solo works include:
• Divorce With Dignity – 3 Powerful Steps to Heal and Move Past Your Divorce N.O.W.
• !n-joy Your Relationships! – 7 Pillars to Deepening Your Connections With Passion and Purpose
• Moving Consciously Through Conflict – 5 Meaningful Steps to Mediating Conflict With Compassion
As a coach and an international speaker, his passion, mission and purpose is to help families move on from their divorce with dignity and embrace a more peaceful future.