Contested and Uncontested Divorces
One of the most common misused phrases is "Contested
Divorce". Since Florida is a "No Fault" state, a contested divorce does not
really exist in the sense that one spouse cannot contest or challenge the
granting of a divorce. One spouse does not need the consent or approval of
the other spouse to obtain a Final Judgment of Divorce. There are only two
requirements; a period of residency for at least six months prior to the
filing of the Petition for Dissolution of Marriage (Divorce) and a sworn
admission that the marriage is irretrievably broken (beyond repair).
So when one uses the term "Contested Divorce" they are
generally referring to the fact that the parties are unable, at least
initially, to reach an agreement as to the issues involved such as alimony or
child support.
