Uncontested vs. Contested Divorce in Florida—What’s the Difference?

In Florida, divorces fall into two categories: uncontested and contested. An uncontested divorce means both spouses agree on everything—from property to parenting. It’s quicker, cheaper, and less stressful. A contested divorce happens when there’s disagreement on any issue and often leads to court involvement. Mediation and collaborative divorce offer helpful middle-ground options. Understanding the difference—and preparing accordingly—can save you time, money, and emotional energy.

Uncontested vs. Contested Divorce in Florida: What’s the Difference and Why Does It Matter?

Divorce doesn’t look the same for every couple. In Florida, whether your divorce is uncontested or contested plays a major role in the time, cost, and emotional toll involved. Understanding the difference can help you make informed choices—and avoid unnecessary stress along the way.

What Is an Uncontested Divorce?

An uncontested divorce is when both spouses agree on every aspect of the separation. This includes:

• How to divide property, assets, and debts
• Parenting plans and time-sharing
• Child support and alimony, if applicable
• Holiday schedules and decision-making authority

Once everything is agreed upon, the couple submits their paperwork to the court. There’s no trial, no long hearings—just a review and final approval by a judge. The process is faster, more affordable, and much less stressful than a contested case.

Why Full Agreement Matters

Many people assume they’re headed for an uncontested divorce—until they realize they haven’t discussed key topics or overlooked important details. It’s common for new issues to surface during paperwork review or mediation.

That’s why an experienced divorce attorney will ask:
“Have you and your spouse agreed on everything?”

Thanks to online resources and tools like AI, couples are better informed than ever—but divorce law still includes many nuances. Legal guidance can help ensure that your agreement is thorough, fair, and enforceable.

What Is a Contested Divorce?

A divorce is considered contested when there’s any disagreement over:

• Property division
• Time-sharing or custody
• Support payments
• Or any other legal issue

In a contested case, attorneys are often involved from the beginning, and if the parties can’t reach an agreement, the case may go to trial. This route is typically:

• More expensive
• More time-consuming
• More emotionally draining

That said, many contested cases still resolve outside of court—often through mediation or collaborative divorce.

Mediation and Collaborative Divorce: Healthier Alternatives

If you and your spouse disagree but want to avoid a courtroom fight, there are effective alternatives:

Mediation brings in a neutral third party to help you both reach agreement. You can each have your own attorney present for support and advice.

Collaborative Divorce involves a team-based approach. Each spouse has their own collaboratively trained attorney, and the team may include neutral professionals such as:

• A financial specialist
• A mental health facilitator

Together, the team helps resolve conflict and craft long-term solutions without litigation. These approaches often result in:

• Less conflict
• Lower legal fees
• Greater satisfaction with the final agreement
• An uncontested divorce requires full agreement on all terms; it’s quicker, cheaper, and easier.
• A contested divorce means there’s unresolved disagreement, often leading to court.
• Mediation and collaborative divorce offer supportive options to resolve conflict without litigation.
• Even if you start off thinking your case is simple, it’s smart to consult a divorce attorney early to avoid surprises.

FAQs

Q1: Can a divorce start as uncontested and later become contested?
Yes. Many cases begin with the intent to be uncontested but become contested when issues arise during paperwork or negotiation.

Q2: Is collaborative divorce only for uncontested cases?
No. Collaborative divorce is ideal for couples who disagree but want to resolve issues respectfully and privately, without going to court.

Q3: Can we still use mediation if our divorce is already contested?
Absolutely. Many contested divorces are settled through mediation before reaching trial. Mediation is often required by the court before a final hearing.

Zaneta Matthews is a respected family law attorney based in Orlando, Florida. She helps clients navigate divorce, custody, and co-parenting with compassion and clarity. As a member of Collaborative Divorce Central Florida and the Florida Academy of Collaborative Professionals, she supports peaceful, practical outcomes that protect families and reduce conflict.

📞 Ready to explore your divorce options? Call Zaneta Matthews at (407) 630-8959 to schedule a consultation.