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Do You Need a Lawyer for an Uncontested Divorce?

There are two general paths for divorce cases in Florida: uncontested or contested. In both cases, spouses must resolve all relevant issues, including property division, spousal support, child time-sharing and parenting, and child support. The difference between the two types of cases is:

  • In an uncontested divorce, the spouses agree on how to resolve all issues out of court. They have a written settlement agreement that they present to the court with their divorce petition. If the court approves the agreement, the divorce can be finalized relatively quickly.
  • In a contested divorce, the spouses are unable to resolve one or more issues prior to filing, despite negotiation or mediation attempts. The unresolved matter(s) will need to go before the court at trial, and the judge will need to decide on the resolution.

You obviously want a lawyer to represent you in court at trial, but do you need a divorce attorney to file for an uncontested divorce?

The answer is that it is always wise to have legal representation in a divorce – even if you and your spouse seem to be on the same page. There are several reasons why:

  • Your settlement agreement might be unfair, and a lawyer can identify when you have the right to a fairer resolution.
  • Your agreement might not be in accordance with Florida law, which can cause delays.
  • Filing the divorce petition can still be a complicated process, even in an uncontested case, so you want a professional handling this procedure.

Learn How a St. Augustine Divorce Attorney Can Help

The St. Augustine divorce lawyers at Naples & Spence, Attorneys at Law, assist with all types of divorce cases, including contested and uncontested. If you believe you are getting divorced in the near future, please never wait to contact us for an initial consultation.