There are typically two approaches to divorce proceedings in Florida. People can either cooperate with their spouse via an uncontested divorce or they can take an adversarial approach and pursue a contested divorce.
Contested or litigated divorces require that people present their circumstances to afford a family law judge. The judge then applies state rules about parental rights and property division to resolve disputes about the divorce. Uncontested divorces may require weeks of negotiation or the support of outside professionals, such as mediators. The following are some of the reasons that many couples make concerted efforts to settle divorce issues outside court by pursuing an uncontested divorce.
Lower divorce costs
There is a strong association between time in court and total divorce expenses. The more time someone requires in front of a judge, the more their divorce could potentially cost. Litigated divorces often cost several times the average cost of an uncontested divorce. The more matters that people have to present in front of a judge, the more they may pay to end their marriages. Uncontested divorces can be far more cost-effective even if people spend more time preparing for their filings.
Less uncertainty
Florida’s divorce laws require the analysis and interpretation of a judge. Judges decide what is fair when dividing property equitably or what is best for the children when dividing parental rights and responsibilities. The way that the spouses present their circumstances and the understanding of a judge can lead to vastly different outcomes in divorces with relatively similar circumstances. Those eager to secure specific terms for property division or custody matters may find that uncontested divorces are their best option. In an uncontested divorce, spouses set their own terms and therefore have total control over the outcome.
Minimized conflict
There are many reasons why people may prefer to minimize the disputes related to their divorces. Often, their motivation comes from their children. The more conflict that young children witness, the more difficult the divorce may prove to be for them. Parents who file uncontested divorces have less to fight over and may have an easier time cooperating with one another.
Those who run businesses together or who belong to the same cultural or religious communities may also find that they need to think about the dynamic of their relationship even after their divorce. Those who work together for an uncontested divorce may have an easier time interacting amicably after a divorce than those who utilize a scorched-earth approach during a litigated divorce.
Even when people disagree about certain aspects of a divorce, it may be possible for them to settle their disagreements without requiring judicial intervention to rule one extreme way or the other. Understanding the benefits of an uncontested divorce may help people find the common ground they need to compromise with a spouse.
