When filing for divorce in Florida, you’ll need to decide between a contested or uncontested divorce. Here’s the difference:
- Uncontested Divorce: Both spouses agree on all issues (like property, alimony, and custody). It’s faster (4-12 weeks), costs less ($500-$5,000), and rarely requires court appearances.
- Contested Divorce: Spouses disagree on key issues, requiring court intervention. It’s more expensive (often $20,000+), takes 6+ months, and involves multiple hearings.
Quick Comparison
| Factor | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Timeline | 4-12 weeks | 6+ months to years |
| Cost | $500-$5,000 | $20,000+ |
| Court Appearances | Rarely needed | Multiple required |
| Outcome Control | Spouses decide terms | Judge decides terms |
| Privacy | Minimal public record | Extensive public record |
Choosing the right path depends on how well you and your spouse can agree on key issues, the complexity of shared assets, and whether child custody is involved.
Main Differences: Contested vs. Uncontested Divorce
Legal Terms and Rules
Florida law separates contested and uncontested divorces based on whether spouses can resolve their issues without court intervention. Contested divorces involve unresolved matters like asset division, child custody, or alimony, requiring the court to step in if mediation doesn’t work [3][6]. On the other hand, uncontested divorces require both spouses to agree on all terms – everything from dividing assets to parenting arrangements – before filing [1][5].
Who Can File
The filing process varies depending on the type of divorce:
Uncontested Divorce Requirements:
| Requirement | Details |
|---|---|
| Agreement Status | Both spouses must agree on every issue [1][5] |
| Documentation | File a Joint Petition for Dissolution with a notarized settlement agreement [1] |
| Financial Disclosure | Simplified financial affidavits are required [4] |
Contested Divorce Requirements:
- Only one spouse needs to file, even without the other’s cooperation [5][7].
- Requires detailed financial disclosures and preparation for hearings.
Public Record Status
Divorce proceedings in Florida are public under the Sunshine Law, but the level of detail made public depends on the type of divorce:
Uncontested Divorces:
- Limited public documentation due to the simplified process.
- Basic filing records are accessible.
- Minimal financial details are exposed.
Contested Divorces:
- Extensive documentation, including financial affidavits and custody evaluations (if applicable).
- Court hearing transcripts are part of the public record.
For couples concerned about privacy, uncontested divorces are often preferred since they involve fewer public records. However, courts can seal certain documents in either type of divorce to protect sensitive information, such as child safety concerns or proprietary business details [1][6].
The Difference Between Contested and Uncontested Divorce in Florida
Time and Steps Required
Florida divorce timelines and procedures vary significantly depending on whether the case is contested or uncontested. This difference often leads couples to opt for uncontested divorces when feasible.
Uncontested Divorce Steps
In Florida, uncontested divorces generally take about 4-6 weeks to 3 months from start to finish [1][2]. The process is relatively simple when both parties agree on all terms:
| Step | Timeline |
|---|---|
| Filing & Documentation | Immediate |
| Finalization | 4-6 weeks |
If children are involved, the process may take an additional 30-60 days due to mandatory parenting course requirements [2][7].
Contested Divorce Steps (Longer Process)
Contested divorces are much more time-consuming, often taking 6 months to a year, and in some cases, even longer [5][6].
"Expect contested divorces to take between six months to a year to come to a resolution. Unfortunately, some contested divorces can drag on much longer" [6].
The extended timeline is driven by several key phases:
1. Initial Filing and Response
- Formal service of process
- Initial case management conference
2. Discovery Phase
This phase, lasting 30-90 days, involves:
- Collecting documents
- Coordinating with expert witnesses
- Meeting financial disclosure requirements
3. Mediation Process
Florida requires mediation before trials can be scheduled, which adds another 60-120 days [2][6].
4. Trial Preparation and Proceedings
For cases that proceed to trial:
- Pre-trial motions and hearings: 30-60 days
- Court scheduling delays: 3-9 months due to backlogs [6]
- Trial duration: 1-5 days, depending on complexity
Factors That Cause Delays:
- Financial disputes
- Court scheduling backlogs
- Challenges during the discovery phase
These lengthy timelines can significantly influence financial outcomes, which are discussed in detail in the cost analysis section below.
Costs and Fees
Divorce costs in Florida can vary widely depending on whether the case is contested or uncontested. Knowing these expenses can help couples choose the best path for their situation.
Cost Breakdown
The filing fee for any type of divorce in Florida is $408 [8][6]. However, the overall costs differ greatly:
| Expense Category | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Attorney Fees | $1,500-$3,000 | $15,000-$30,000+ |
| Filing Fee | $408 | $408 |
| Mediation | Not typically required | $1,500-$5,000 |
| Document Processing | $50-$100 | $300-$500 |
| Parenting Course* | $25-$50/person | $25-$50/person |
*Mandatory if children are involved [2].
In urban areas like Miami-Dade, fees tend to be about 23% higher than in rural counties [6]. Attorney rates in these areas range from $250 to $500 per hour [4]. The time factor also plays a role: a contested divorce that takes 12 months can cost up to six times more than a 3-month uncontested case [6].
Extra Costs in Contested Cases
Contested divorces bring additional expenses beyond the standard fees:
Expert Witness Fees:
- Financial analysts: $3,000-$15,000
- Child psychologists: $3,000-$15,000
- Business valuators: Costs depend on case complexity [7]
Court-Related Expenses:
- Motion filings: $295 per motion
- Subpoena services: $40 per service
- Emergency custody petitions: $400 [2][8]
Documentation Costs:
For contested cases, attorneys often require an initial retainer of $5,000-$15,000, with additional monthly billing during litigation [7]. Some may provide document review services, which typically cost $750-$1,500 [5]. If child custody disputes arise, costs can climb further due to the need for expert evaluations and other related expenses.
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Child Custody Arrangements
Child custody outcomes in Florida vary significantly depending on whether the divorce is contested or uncontested, influencing both the process and final arrangements.
In uncontested divorces, parents work together to develop parenting plans that the court approves. Research indicates that 68% of children in these cases maintain equal contact with both parents, compared to just 42% in contested divorces [5].
| Aspect | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Decision Making | Mutually agreed by parents | Determined by the court |
| Professional Input | Optional mediation | Mandatory evaluations |
| Modification Ease | Simple with mutual consent | Requires court petition |
All parenting plans in Florida must include several key components:
- Time-sharing schedules: Detailed plans for weekdays, weekends, and holidays.
- Decision-making responsibilities: Clear guidelines for decisions on education, healthcare, and other critical matters.
- Communication protocols: Defined methods for parent-to-parent and parent-to-child communication.
- Dispute resolution procedures: Steps for resolving disagreements efficiently [2][5].
While these elements are required for both uncontested and contested divorces, their implementation often depends on the complexity of the case.
Florida courts often recommend the 2-2-3 time-sharing schedule for younger children, as it provides stability while allowing both parents meaningful time with their child [6].
In contested divorces, the process is more involved and typically includes:
- Mandatory pre-trial mediation to attempt resolution.
- Forensic psychological evaluations, if deemed necessary by the court [9][6].
Handling domestic violence also differs based on the divorce type. In uncontested divorces, victims can request exclusive custody through an affidavit. In contested cases, this requires a formal evidentiary hearing [5][10].
When it comes to modifying custody arrangements, uncontested divorces allow parents to make mutual adjustments easily. However, contested orders require filing formal petitions and proving substantial changes in circumstances.
To reduce conflict and improve communication, many Florida courts now encourage parents to use co-parenting apps specifically designed for managing shared responsibilities [6].
Legal Help Options
According to Florida Bar data, spouses with legal representation tend to keep 15-30% more marital assets compared to those who represent themselves. While hiring an attorney might not be necessary for simple, uncontested divorces, it becomes crucial when dealing with Florida’s strict procedural rules, especially in contested cases.
Self-representation in contested divorces can lead to serious mistakes. For example, a case study highlighted a pro se litigant who lost $150,000 in equity due to an incorrect business valuation during discovery [3]. Common errors include:
- Missteps in dividing retirement accounts (like QDROs)
- Incorrect child support calculations under Florida’s guidelines
- Missing important court-mandated disclosure deadlines [2][6]
Collaborative divorce is another option that has shown strong results, with 85% of cases settling through mediation before going to trial [11]. This aligns with Florida’s requirement for mediation in contested cases, as outlined in the "Time and Steps Required" section.
When choosing legal representation, prioritize attorneys with board certification in family law and training in collaborative divorce. For contested cases, focus on these qualifications:
- Board Certification in Marital & Family Law (only 20% of Florida attorneys hold this)
- Credentials in matrimonial law specialization
- Certification in collaborative law
"The complexity of asset division alone justifies professional legal representation in contested divorces."
Legal support is especially critical in cases involving:
- Disputes over property division
- Conflicts over child custody arrangements
- Domestic violence allegations
- Investigations into hidden assets [1][5]
Summary
Divorces in Florida generally fall into two categories: contested and uncontested. Contested divorces often take more than six months to resolve and can cost over $20,000, while uncontested divorces are typically finalized in under three months and cost less than $5,000 [1][4]. These differences can have a major impact on both the financial situation and the stability of any children involved, as discussed earlier.
Here’s a quick comparison:
| Aspect | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Privacy Level | No public trial records [12] | Court proceedings are public |
| Settlement Control | Reached through mutual agreement | Decided by a judge |
The choice between these paths often hinges on three factors: how well spouses communicate, the complexity of shared assets, and the presence of child custody disputes [6].
FAQs
How much does a contested divorce cost in Florida?
The cost of a contested divorce in Florida can range from $5,000 to $30,000, and in particularly intricate cases, it may exceed $100,000. Several factors influence these expenses, including:
- Asset Complexity: Divorces involving multiple properties or businesses often require longer discovery periods, typically lasting 2-4 months.
- Child Custody Disputes: If custody evaluations are necessary, they can add 3-6 months to the process.
- Settlement Timeline: Around 40% of cases involve multiple mediation sessions [3].
For those looking for lower-cost alternatives, county law libraries provide DIY forms [1], and legal aid societies offer free assistance to eligible individuals [7].
These figures highlight why many couples opt for mediation, which is discussed further in our Legal Help Options section.