Are uncontested and collaborative divorces the same?

On Behalf of | Dec 21, 2023 | Divorce |

In Florida, the processes of uncontested divorce and collaborative divorce offer distinct approaches to resolving marital dissolution. Uncontested divorce is when both partners can agree on their own, while collaborative divorce involves professionals to guide the process.

Each approach has benefits and challenges depending on the unique needs and circumstances of the parties involved.

Uncontested divorce

Nearly 15 out of every 1,000 women get married each year and almost half of those marriages will end in divorce. Uncontested divorce is a simple and cost-effective method. It happens when both partners agree on everything without involving the court. This agreement usually covers things like who gets what, financial support and child-related matters. In Florida, couples opting for an uncontested divorce can file a joint petition, showing that they both want to end the marriage on good terms. This process is quicker and cheaper when compared to a more complicated legal battle. It works well when both people can talk openly and work together to figure things out.

Collaborative divorce

Collaborative divorce is all about teamwork and avoiding contention. It involves legal professionals and sometimes other experts like financial advisors or therapists. The goal is to solve problems through discussion instead of going to court. People choose collaborative divorce when they want to keep a good relationship with each other and lessen the emotional stress, especially if there are kids involved.

One significant thing that sets collaborative divorce apart in Florida is the commitment contract. Both partners and their lawyers sign this contract, promising to work together to find a solution. If things break down and they end up in court, the lawyers have to step aside, giving everyone a reason to stick to the collaborative plan.

Uncontested and collaborative divorces both aim for a friendly solution without going to court. The choice between the two depends on how well the couple can work together, the complexity of the divorce and their desire to keep things amicable.