A contested divorce is one where you and your spouse cannot agree on at least one major issue, such as parenting time, support, or how to divide property, so a judge ultimately decides it for you. An uncontested divorce means you agree on every required issue before you file, which lets the case move through court largely on paperwork.
Most couples do not know which category they fall into until they sit down and go through the required issues one by one. Understanding the divorce process in Florida and how each path actually plays out is the first step to choosing the one that fits your situation.
What Makes a Florida Divorce Contested
A divorce becomes contested the moment one spouse disagrees with the other on any issue the court is required to resolve. That disagreement does not need to involve every issue. Disputing even one, such as timesharing or the value of a retirement account, is enough to make the case contested.
Issues that commonly turn a divorce contested include:
- Parenting time, decision-making authority, or relocation with a child
- The amount or duration of child support or alimony
- How to value or divide a business, retirement account, or real estate
- Whether an asset or debt is marital or belongs to one spouse individually
What Makes a Florida Divorce Uncontested
Florida’s Family Law Rules of Procedure allow spouses seeking a simplified, uncontested dissolution to use that faster process only if they have no minor or dependent children together, the wife is not pregnant, and they certify that they have already reached a satisfactory division of their property and joint obligations.[1]
If you do have minor children, your divorce can still be uncontested. It simply proceeds through the regular dissolution process rather than the simplified one, with your parenting plan and support terms submitted for the court’s approval instead of being decided at trial.
When both sides already agree, the court’s role shifts from deciding disputed issues to reviewing your settlement agreement for fairness and making sure it meets legal requirements, particularly where children are involved.
Issues That Must Be Resolved Either Way
Every Florida divorce, contested or not, has to resolve the same core issues:
- Division of marital assets and liabilities
- Alimony, if requested by either spouse
- Parenting plan and timesharing, if you have minor children
- Child support consistent with Florida’s guidelines
The difference is not what gets decided. It is whether you decide it together or a judge decides it for you.
When an Uncontested Path May Work
An uncontested divorce tends to work best when both spouses already agree on the practical outcome and neither side is hiding assets or negotiating from a position of pressure. It also tends to move faster and cost less, since there is no need for extended discovery or trial preparation.
That said, agreement on paper is not the same as a fair agreement. A settlement that looks simple can still leave one spouse without their fair share of retirement assets, or without adequate support, if it is not reviewed carefully before signing.
When Contested Representation Is the Safer Path
Contested representation matters most when the stakes are high or the power between spouses is not equal, including cases involving:
- High-value or hard-to-value assets, such as a business or complex investments
- A history of financial control, hidden income, or undisclosed assets
- Disputes over parenting time, relocation, or a child’s best interests
- A significant gap in the spouses’ income or ability to negotiate on equal footing
In these situations, questions like how the court’s equitable distribution analysis applies to your specific assets deserve a closer look before you agree to anything.
Settlement, Mediation, and Trial: How Each Path Actually Resolves
Even a contested divorce rarely goes all the way to trial. Many contested cases resolve through a negotiated settlement or through mediation once both sides understand the strengths and weaknesses of their position.
Our companion article, Divorce Mediation in Florida: What to Expect Before You Go, walks through what that session looks like and how to prepare for it.
Only the issues that remain genuinely unresolved after settlement talks and mediation go in front of a judge for a final decision.
Frequently Asked Questions
What is an uncontested divorce?
An uncontested divorce is one where both spouses agree on every required issue, including property division, support, and parenting terms, before the case is filed or shortly after.
What if we agree on everything except one issue?
Your case is still considered contested. Even a single unresolved issue, such as the timesharing schedule, means a judge may need to decide that piece if you cannot reach an agreement.
Is contested divorce always expensive?
Not necessarily. Many contested cases resolve through negotiation or mediation well before trial, which limits cost. Trial itself, when it happens, is usually the most expensive part of the process.
Explore Our Other Family Law Services
Whichever path your case takes, it may involve more than just the divorce itself. Our attorneys also handle:
- Child custody and timesharing
- Child support
- Alimony and spousal support
- Property and asset division, covered above
- Paternity
- Prenuptial and postnuptial agreements
Ask a Florida Divorce Attorney Which Path Fits Your Facts
Whether your case is contested, uncontested, or somewhere in between usually is not obvious until someone reviews your specific facts. Sit down with our team to talk through your assets, your children’s needs, and where your spouse is likely to agree or push back. Book a Free Strategy Meeting and get a clear read on which path fits your situation.
Kalish & Jaggars, PLLC represents spouses on both sides of this decision, from straightforward uncontested filings to complex contested litigation. Learn more about our firm, meet our attorneys, or find the Kalish & Jaggars office nearest you across Palm Beach, Broward, and Miami-Dade counties.
