What Is an Uncontested Divorce?
An “Uncontested Divorce” is a divorce where the parties agree to the terms of the judgment even before the divorce paperwork is filed. The advantage of an uncontested divorce is that the parties can avoid litigation; neither party ever appears in court, and because there is no litigation, the cost of an uncontested divorce is substantially less. The disadvantage of an uncontested divorce is that it requires each party to compromise. In order to obtain a settlement, each party must be flexible and make realistic demands from the other party.
An uncontested divorce is not appropriate for everyone. If you have a large estate, complicated legal issues, have an unreasonable spouse, or you are a victim of domestic violence, an uncontested divorce is not for you. In order to qualify for an uncontested divorce, the parties must agree on all the terms of the divorce. This includes agreeing on entirely on each of the following issues: child support, spousal support, child custody, child visitation, attorney fees, division of property and division of debts.
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What Is a Contested Divorce?
If you and your spouse are unable to agree as to all of the details of your divorce, for example, division of assets and debts, alimony, time sharing and parenting plan, and child support then that is called a “Contested Divorce.”
A Contested Divorce is settled in a courtroom where both spouses present their cases so a judge can decide the details of the divorce and how the parties will conduct themselves in the future. At the divorce trial, there are commonly several parties who testify, including you, your spouse, and witnesses testifying on your and your spouse’s behalf. The judge makes a final judgment on each element of the divorce after analyzing all the facts of the case, including testimonies and relevant marital records and documents.
In most cases, a contested divorce does not preclude some form of preliminary divorce mediation. Thanks to overcrowded court dockets, judges are increasingly likely to require couples to negotiate as many conditions as possible before entering the courtroom.
How Does a Flat Fee Work?
Under the flat fee arrangement, we will quote you a fee in advance for your case that will include all the work up until mediation or a negotiated settlement. This will be your total fee up to mediation, if at mediation the matter does not resolve then a new fee would be negotiated to resolve the matter through trial to a Judge.
Orlando divorce attorney Carmelina Marin understands that in this economy, for many people knowing beforehand the financial resources required for a divorce, modification, or paternity action is the intelligent way to navigate the court system. While this avenue may not suit everyone’s needs, we believe it is important to provide the option for those who need a divorce.
Get the Legal Guidance You Need
Sometimes we all need a helping hand. Orlando divorce lawyer Carmelina Marin has made her law firm a resource to Central Florida families with serious legal problems. To learn more, call The Marin Law Firm, P.A., at (407) 449-7804, or write to us using this online form. We offer affordable and practical attorney fees!
Our usual office hours are 9:00 AM – 5:00 PM and we proudly serve Orange, Osceola and Seminole counties. We are a technology driven firm and are accessible via telephone conferences, zoom meetings and a secure portal that is available to clients 24/7. Se habla español.
Our mission: To glorify God by being a faithful steward to all that is entrusted to us. To have a positive influence on all who come in contact with The Marin Law Firm, P.A.
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