Distinction Between a Contested Divorce and an Uncontested Divorce
Nilo Sanchez
Tampa Divorce & Family Law Attorney - Contested Divorce/ Paternity, Custody, Alimony, Parental Relocation, Modifications
Getting a divorce in Florida - In order to get a divorce in Florida, either you or your spouse would have to have been a resident continuously on the state of Florida for six months prior to the time that you filed your petition for dissolution of marriage. Once this requirement has been fulfilled, one of the most essential requirements to a divorce is to determine whether it's going to be a contested divorce case or an uncontested case.
Contested Divorce
Contested divorces typically begins by the filing of a petition for dissolution of marriage. Once it's filed with the court a summons is issued and then a service is done upon your spouse. Your spouse will have 20 days to file his or her response. Generally, a counter petition is filed with the response. The counter petition will state the relief that they are seeking from you, similarly to your petition that will state the relief that you are seeking from your spouse.
From the moment that you filed your petition for dissolution of marriage in Hillsborough County, within 90 days you will have a case management conference. A case management conference is a hearing that happens before the court in order for the court to determine the steps that need to be taken and to ensure that the requirements are being met including whether a financial affidavit has been completed, mandatory disclosure documents have been produced and if there are children involved. If so, the courts will ask whether or not you have taken your required parenting class.
After the case management conference typically there's a mediation held. At this mediation, there's a third party that neither represents you nor the other party. This mediation is an attempt to have the parties come up with an amicable resolution. If an amicable resolution has had that the case reverts to a uncontested divorce case and we schedule a final hearing before the court and we have a very abbreviated final hearing.
If the case does not settle, either you or your spouse could seek temporary relief from the court. The court recognizes that divorce cases are long in terms of time from the beginning to the end a substantial amount of time may lapse. One party may need relief from the other party hence, you are permitted to have what's called a temporary relief hearing where you can ask for;
After the temporary relief hearing some additional discovery usually takes place and it can take on many different forms. Ultimately if the case does not settle it goes before a judge who will hear evidence of testimony. The judge will make a ruling at that time of the final judgment or shortly thereafter a final judgment of dissolution of marriage is drafted. The court signs it and your divorce is finalized.
Beneficial for Parties to Try and Resolve Their Divorce Amicably
Family law judges are vested with enormous amounts of discretion. What a judge may do today, they may not do tomorrow. Given the fact that judges do have so much discretion, it's important to try and resolve your case amicably, if at all possible. We offer several options to divorcing couples in Tampa Bay realizing that each case is unique.
Uncontested Divorces
Typically, an uncontested divorce case, if it were to start off uncontested, usually indicates that the parties have had discussions about divorcing and have reached a tentative agreement but they lack the legal knowledge and require help -putting the documents together.
One neutral party will meet with your divorce attorney to discuss the terms of the agreement, and if requested some due diligence can be performed in order to allow the attorney to provide comments as to the merits of the agreement. A document to reflect the terms is put together in what's calling marital property settlement agreement. An MSA (marital settlement agreement) is a binding contract. Once it is signed by both parties and filed with the court, a very abbreviated final hearing will take place. The judge will ask a few questions that typically your attorney will answer. Once all of the testimony is presented and if everything is in order, the judge will sign a formal judgment of dissolution of marriage, and you would usually walk out of court with a divorce.
These are basic distinctions and there's much more that's involved in both contested divorces and uncontested divorce cases. This information serves as a general understanding of the process of a contested and uncontested divorce. If you have questions or you are looking for an experienced Tampa divorce attorney to provide you with sound legal counsel or representation, please reach out to Nilo J Sanchez & Associates PA Family Law & Divorce Attorneys. We have over 30 years of experience and specialize in Florida Family Law. Our family law firm is conveniently located in Tampa, Florida. We offer family law & divorce attorney services in Hillsborough, Pasco and Pinellas County, Fl.
For more information or to schedule a family law consultation:
Telephone: (813) 879-4600