Yes, but mostly in terms of how much control you and the other party have over where the assets go. An uncontested divorce means both spouses agree on all major issues, including how to divide their property. This means that instead of letting a judge decide, you and your spouse work together to determine who keeps what.
A contested divorce, on the other hand, occurs when parties can’t reach an agreement on property division. Maybe you disagree about a home’s value, or perhaps one person questions whether certain assets count as marital property. In these cases, a judge makes the final decisions based on Florida’s equitable distribution laws.
Uncontested divorces: Property division through mutual agreement
People in uncontested divorces can choose how to divide their property based on their needs. For example, one spouse might retain the marital home while the other receives retirement accounts or other assets of comparable worth. The court may approve such arrangements as long as both parties:
- Give informed consent
- Understand the value of what they’re receiving and giving up
- Show no signs of coercion or fraud
- Submit an agreement that isn’t unconscionable (extremely unfair)
If you’re planning to go through an uncontested divorce, an attorney can review the agreement to make sure it follows the law and protects each party’s rights.
Contested divorces: Property division through court proceedings
In a contested divorce, Florida courts decide based on equitable distribution laws. Under Florida Statute 61.075, judges assess the following factors:
- Length of the marriage
- Each spouse’s financial status and ability to earn income
- Each person’s contributions to the marriage, including money earned and homemaking duties
- Career opportunities given up to support the family
- Childcare responsibilities and parenting arrangements
- Who will keep the family home, especially if children are involved
- What each person brought to the marriage
- If either person wasted or hid marital assets
- Any other factors that affect fairness
This court process involves detailed financial discovery, multiple hearings and possibly a trial. If you’re going through a contested divorce, an attorney can help you understand your rights, gather necessary documents and present your case effectively in court.
Seek the guidance you need
Whether you’re going through an uncontested or contested divorce, an attorney can help advocate for your fair share in marital assets and long-term financial stability.