Winston Law PA

Uncontested and Contested Divorce

Regardless of whether your divorce is uncontested or contested, getting divorced is a legally and emotionally complex process.  That is why it is important to have a skilled, experienced and compassionate attorney on your side.  At Winston Law, P.A. we handle both contested and uncontested divorce matters.

Florida law refers to divorce as “dissolution of marriage” and is a no-fault divorce state.  This means that the parties file for divorce under the grounds that the marriage is “irretrievable broken” and not because of the fault of either party.  Fault can be taken into account when determining issues of child custody and timesharing, equitable distribution of the assets and liabilities and spousal support.

Florida does recognize two types of divorce, uncontested and contested.   An uncontested divorce is one in which both parties agree to all the issues that may arise in their divorce.  Depending on the circumstances those issues may include, equitable distribution of the assets and liabilities, spousal support (alimony), parental responsibility, timesharing and visitation.  Since the parties are able to agree on their issues, uncontested divorces are usually less stressful and more amicable than uncontested divorce.  Even if you and your spouse are able to agree on all the issues in the marriage, it is important to consult an experienced attorney to fully explain your rights and guide you through the complex process.  Winston Law, P.A. offers affordable flat fees in uncontested divorce cases.

A contested divorce is one in which each party does not agree on the issues that may arise in the divorce.  Contested divorces are often more costly and stressful on both parties.  If the parties cannot agree after negotiations the court will likely require a mediation.  If after mediation, the parties still cannot agree on all or some of the issues the case will go to trial and a judge will decide any issues the parties cannot agree upon.  Contested divorces can last anywhere from 6 months to several years.

If you or a loved one are considering divorce or are interested in more information, contact Winston Law, P.A. at [email protected] or (561) 670-9375.


winston law