When a couple decides to end their marriage, most people think of the traditional, litigated divorce. However, there are at least three (3) types of divorces:
- Uncontested Divorce
- Contested Divorce
- Collaborative Divorce
1. Uncontested Divorce
Usually a lawyer’s definition of an uncontested divorce is different than a divorcing party’s definition. The divorcing spouse would probably define an “uncontested divorce” as something like “we agree on the main points, do not hate each other, and can get along.” However, for a lawyer, the term “uncontested divorce” usually means that both parties agree on every detail related to ending the marriage, including but not limited to the amount of alimony paid or received, the amount of child support (including how and when it will be paid), timesharing (including which parent spends time with the child(ren) on the next birthday or holiday), as well as asset and debt distribution. A lawyer will usually agree that a divorce is uncontested if the parties were only married a short amount of time (for example six (6) months), no children were born of the marriage, and the parties’ do not owe or own anything together. Uncontested divorces under any other circumstance are rare.
2. Contested Divorce
A contested divorce is litigated through the court system. Usually one party starts the litigation process by filing and serving the other party with a Petition for Dissolution of Marriage. During a contested divorce, both parties usually hire lawyers and the resolution is heavily dependent on the time line set forth in the Florida Family Law Rules and the judge’s docket (or calendar). A contested divorce, because it is done within the confines of the court system, is by nature adversarial. However, that does not mean that the parties cannot be cordial. In fact, most divorces are amiably resolved- especially if children are involved.
3. Collaborative Divorce
A collaborative divorce, just as the name suggests, is a teamwork-based approach to resolving all the issues in a marriage. Usually the parties each hire their own lawyer and, if necessary, other professionals to accomplish goals they set together. For example, if the couple has trouble communicating, then they may hire a mental health professional to facilitate communication. If the couple has a complicated financial situation, they may hire a financial advisor. Since both parties agree not to litigate the case in court, a collaborative divorce is less adversarial and less costly than a contested divorce. Only once the parties reach an agreement do they call upon the court system to officially end their marriage.
If you are considering ending your marriage and would like to set up a consultation to discuss the different types of divorce with one of our attorneys, please call us at 904-353-7733.