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Can An Uncontested Divorce Become Contested In Florida?


If you are contemplating or are going through a divorce in the Orlando, or greater Florida area, you may be weighing your options and trying to decide what the best path forward is. For most couples, the goal going into a divorce is to keep the process as quick and painless as possible. Of course, only so much of that is under your control. However, for most, uncontested divorce represents the ideal divorce scenario, in which the parties are able to work out all issues relevant to their divorce on their own. When the parties succeed in an uncontested divorce they are able to avoid court proceedings, and can keep their costs and timeline far lower than they would if litigation were involved. Most couples find that uncontested divorce is at least worth a shot, but what happens if it fails? Don’t worry, you still have options which we’ll discuss more below.

Mediation for an Uncontested Divorce

Statistically the least likely people to be able to come to a peaceful agreement on their own are likely those going through a divorce with one another, so if you are not able to navigate all the issues involved in an uncontested divorce on your own, don’t worry, there are still options to help keep you on that path. One of the best options available is mediation. This process involves a third-party mediator who does not take sides and is trained in conflict-resolution techniques. Their role is not to decide who is right or wrong, in fact, they don’t take sides at all. Rather, they try to help guide the parties to a mutually agreeable outcome and keep them focused on their overall objectives. For many couples, this makes a huge difference, and mediation has a very high success rate. Additionally, just as there is little drawback to attempting an uncontested divorce (other than extending your timeline if you are fairly certain that it will not work), mediation also offers mostly benefits. For instance, even if you are only to reach agreements on a few issues in mediation, you can draft those agreements and submit them to the court so that only the remaining issues have to be litigated, which still results in lower costs overall.

Uncontested to Contested Divorce

If it seems clear that you and your spouse will be unable to come to agreements on your own or with the help of a mediator, you can convert your uncontested divorce into a contested divorce at any point in the process. You do this by simply drafting and submitting a petition for divorce to the court. Your spouse must then be served with the petition and you will be assigned a court date. Both parties will appear in court with attorneys who will litigate any or all remaining issues for the divorce agreement.

Talk to the Greater Orlando Family Law Firm Today

If you are considering divorce or are in the process, our experienced Orlando divorce lawyers can ensure that you have the best representation and the best process for your unique situation. Contact the Greater Orlando Family Law Firm today to schedule a consultation and find out how we can help you enter the next phase of your life as quickly and easily as possible.

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