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Believe it or not, not every divorce is the same, and there is no single divorce process. The best approach depends on the spouses' level of agreement, ability to communicate, financial transparency, family dynamics, need for court protection, and willingness to participate in problem-solving. No process is universally better, faster, less expensive, or less harmful. Each has circumstances in which it works well and circumstances in which it creates unnecessary cost or risk.
Select each option below to learn how the three primary divorce processes work. Then complete the assessment to see which process appears most compatible with your family's actual circumstances.
An uncontested-track divorce is generally best suited to spouses who agree on most or all material issues, can communicate productively, have sufficient trust to exchange accurate information, and are willing to carry much of the organizational and decision-making work themselves. Attorneys may provide independent advice, identify legal or financial risks, prepare the settlement agreement and parenting plan, and complete the required court documents. A mediator, financial professional, or mental-health professional may assist with particular issues.
The process can be streamlined and economical, but a case becomes technically uncontested only once all material issues have been resolved. Many couples begin with substantial agreement, resolve the remaining issues themselves or with targeted professional help, and ultimately present a complete agreement to the court. That is why we describe this path as "uncontested-track."
A collaborative divorce is a structured, voluntary process in which each spouse retains an independently trained attorney and agrees to work toward resolution outside ordinary litigation. Neutral financial, family, mental-health, real-estate, mortgage, or other professionals may be added when their involvement adds value. Collaborative divorce can provide greater structure, privacy from unnecessary public filings and formal discovery, and opportunities for customized solutions.
It requires candid disclosure, meaningful participation by both spouses, and acceptance that the collaborative attorneys generally cannot continue as litigation counsel if the process ends. It is not automatically less expensive, because the two-lawyer structure and any neutral professionals create upfront costs.
A traditional contested divorce proceeds through the court system and preserves access to formal discovery, subpoenas, temporary orders, judicial fact-finding, trial, and appeal. It is often necessary when a spouse will not disclose information, meaningful negotiation is not possible, immediate protection is needed, or disputed facts require a judge's decision.
Although litigation can be expensive, slow, and conflict-producing, filing a contested case does not mean the case must go to trial. Many litigated cases ultimately resolve through negotiation or mediation, and the judge decides only those issues the spouses cannot settle.
Answer according to how both spouses have actually behaved during the past six to twelve months, not how you hope either person will behave after the divorce begins.
Select the answer that most closely describes your situation. When two answers seem equally accurate, select the more cautious answer.
This assessment identifies which process appears most compatible with your family's circumstances. It does not determine legal eligibility or guarantee a particular outcome.
HOW TO GET STARTED
STEP 2
Consultation
During your consultation we’ll review your options and see if we’re a right fit for you.
STEP 3
Representation
If we take on your case, you’ll be represented by the best.
The Orlando divorce lawyers at TK Law are deeply committed to the individuals and families they serve. We are here to help you resolve each legal concern so you can regain control and move forward with your life. You will also have a steadfast, accomplished advocate in your corner to fight for what matters most if a dispute goes to trial.
We know how overwhelming conflict can be and how painful it is to see a marriage end. We will guide you through this difficult process before, during and after your divorce.
Contact our offices today to schedule a confidential consultation with one or our family law attorneys, or call us at 855-572-6376.
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The information found here is for general information purposes only. Nothing on this site should be taken as legal advice for any situation or individual case. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.