Arnelle Strand, P.A.

Persons who have decided to obtain a divorce have basically two procedural avenues available to them.  These two options are:

(1)   An Uncontested Proceeding

(2)  A Contested Proceeding

All other things being equal, an uncontested proceeding is by far the most desirable in terms of legal expenses and emotional wear and tear.  One party should not, however, give up significant legal or financial rights simply to avoid a contested hearing.

An uncontested divorce means that prior to the divorce hearing, the parties have agreed upon all relevant matters such as alimony, child support, a parenting plan, payment of debts and division of real and personal property.  In most cases, these matters are spelled out in a "Marital Settlement Agreement".  This Agreement is simply a written document setting forth the parties' understanding as to the resolution of the matters.  This Agreement is generally introduced in Court at the divorce hearing and incorporated into the Final Judgment.  These Agreements are usually accepted by a Family Court Judge hearing the case.  They are not, however, binding on the Judge, and the Judge may reject all or portions of the Agreement as being unfair to one party or the other.  (Note this may rarely happen except for children's issues).

A divorce hearing in an uncontested case is a relatively simple, brief procedure which generally takes place in a small, private courtroom or on Motion Calendar in the Family Court facilities (in the courthouse where the case is filed).

Contested divorces frequently begin with a hearing on matters that must be immediately settled.  However, Pasco County requires mediation before obtaining hearing time unless it is an emergency situation.  Rather than wait until the final hearing, which may be months down the road, the parties have a right to seek temporary relief.  A temporary relief procedure is not necessarily restricted to contested divorces.  Sometimes a divorce is initiated with a hearing on temporary relief and subsequently becomes uncontested when the parties reach an agreement on contested matters.  A temporary relief hearing may cover:

• Designation the temporary parenting time for the parents
• Paying support to the other party or for the children
• Being restricted from harassing or molesting the other person
• Being restrained from disposing of the assets of the family
• Being restrained from removing the minor child(ren) from the State
• Paying temporary attorney fees and costs

Hearings for temporary relief are most often held within two – three months of the commencement of the divorce action.  The hearings themselves are very brief and only the simplest, most basic issues get resolved.  More complex issues are reserved for the final hearing.  Because of the way the Court system currently schedules temporary relief hearings, they can involve considerable delay and can get expensive in terms of legal fees.

A contested divorce is ultimately resolved by a trial, although many cases start out contested and end up settling prior to trial as a result of  mediation, negotiations and/or pre trial conferences.  Such a trial usually involves one or more of the following substantive issues that are resolved by the Judge, who has wide discretion in rendering his or her decision.