Uncontested divorce means that both parties have agreed to the terms of the divorce. This includes the child custody, support and visitation, alimony, and distribution of the assets. In these cases, K/S will solely prepare an agreement that is filed with the Court once proceedings have been filed. This is the most cost effective form of divorce. K/S can offer flat fee retainers for this type of divorce.
Contested divorce means that one of the parties does not agree to the terms of the divorce. In these cases, proceedings are filed and litigation is necessary to advocate your position as it would apply to dividing the marital assets, child custody, child support, or alimony.
Florida has certain requirements to meet in order to initiate divorce proceedings. Affidavits regarding assets are required to be filed, as well as the threshold of “irreconcilable differences” to establish a basis for divorce. Additionally, Florida does not recognize legal separation. Contested divorces are expensive considering the likelihood of trial in most cases.
There is no state law that determines long term versus short term marriage and Courts assesses division of marital assets on a case by case basis since there is no direct or simple rule on what constitutes a long or short term marriage.