Many movies and tv shows throughout the years have depicted divorce as stressful, emotion-filled, and contentious. This stigma that has been created around divorce has made many fear having to get a divorce. However, many Florida residents who wish to divorce do not know that there is such a thing as an uncontested divorce.
Uncontested divorces are the quickest, easiest way to dissolve a marriage without fighting over belongings, assets, and debts. Uncontested divorces are also the cheapest way to achieve a divorce. However, couples who want the smoothest divorce possible must work together to resolve all the terms of their divorce. One of the biggest obstacles to getting past while going through an uncontested divorce is fear and mistrust. Having an expert divorce attorney by their side will help mitigate any fear or misconceptions that appear.
What Is An Uncontested Divorce In Florida?
In an uncontested divorce, both spouses are able to agree on all issues, including asset and debt division, alimony, child support, and child custody. As a result of the agreement on all issues, the court is not needed to make any decisions. There are several benefits to an uncontested divorce, one of which is that both spouses have complete control over the outcome of the divorce proceedings.
Dissolving a Florida marriage uncontested is the quickest, easiest way to achieve a divorce in Florida. As a result, each person will be able to move forward with their life more peacefully, saving time, money, and anxiety. There are two types of uncontested divorce that Florida courts recognize. A simplified dissolution of marriage can be an option that some couples may choose, as long as they meet the following requirements:
- Both spouses agree that the marriage is irretrievably broken
- The couple does not have any children under 18, no dependent children, and no adopted children under the age of 18.
- The wife is not pregnant
- Both spouses agree to the same method of divorce
- Both spouses have agreed on how to split their assets and debts
- At least one spouse has lived in Florida for at least six months
- Neither spouse is seeking alimony
A regular dissolution of marriage can still be filed if the spouses do not meet all the criteria mentioned above. Even though a contested divorce takes a bit more time and effort, this is still a quick and efficient way to dissolve a marriage.
What Is The Process To Receive An Uncontested Divorce?
Spousal disputes are a major cause of why contested divorces can be so lengthy. Here is the process that spouses who choose to seek an uncontested divorce must follow.
- Fill out all forms – The first step to receiving an uncontested divorce is to fill out all of the forms required for the county the spouses live in. These forms can be found for free online. Many choose to have a divorce lawyer help handle their paperwork to ensure everything is accurate and delivered on time.
- Marital Settlement Agreement – Both spouses must fill out and sign a marital settlement agreement which will detail everything both spouses have agreed to.
- Parenting Plan – If there are children in the home under the age of 18, both spouses will be required to take a parenting course and have a parenting plan drawn up. A judge must approve this parenting plan and child support amounts. They have the ability to reject any part of the parenting plan or child support payments, as long as it is in the best interest of the child.
- File All Documents – Once all documents have been prepared they must be filed with the Clerk of Courts in the county where the spouses reside. There is a fee to file for an uncontested divorce. The fee can vary by county but typically is around $400.
- Final Judgment – The final step to receiving an uncontested divorce is when the judge enters a final judgment. This final judgment is to grant the divorce. In some counties, both spouses are required to make a brief appearance at the final judgment hearing.
How Long Does An Uncontested Divorce Take?
In Florida, uncontested divorces usually take around 4-6 weeks to finalize. There are several administrative processes involved, including a mandatory waiting period of 20 days, court backlogs, and scheduling issues for final hearings.
Delays in divorce are often caused by scheduling issues. There may be a delay in scheduling the final hearing if there is a backlog in the county’s divorce court. An additional reason for divorce is a spouse who is having trouble executing the divorce, even if they have agreed to all the terms. One spouse may drag their feet if they fear life after divorce. Delays are bound to happen, especially if the couple makes mistakes or overlooks necessary steps in the filing process. Many times self-filing divorces experience delays.
In some cases, couples may not be able to finalize the divorce until after a baby is born if the wife is pregnant, even though Florida law allows them to do so. Pregnancy can extend the duration of divorce by several months, depending on how far along the wife is.
Do I Need A Divorce Attorney For An Uncontested Divorce?
While hiring a lawyer isn’t a requirement for divorce, it is highly recommended. Spouses can choose to use a document preparation service, they can either prepare and file the documents themselves. However, they will not receive legal advice from either of these options, however.
Uncontested divorces may require legal advice, assistance in negotiations, or knowledge about the spouse’s rights. In most cases, individuals need legal advice or assistance in at least one aspect of their uncontested divorce. Especially if they have minor children or one spouse is seeking alimony from the other.
It may be beneficial to retain the services of a divorce lawyer if you possess a business, a home, minor children, or a retirement plan. Everyone does not need the same thing when it comes to hiring a divorce lawyer.
It may only be necessary for you to consult with a divorce consulting attorney to review your paperwork and determine your rights during the divorce process. It is possible for others to require the assistance of a lawyer to file paperwork and negotiate on their behalf. If you’re unsure about how much involvement you need, speak to an attorney for advice specific to your situation.
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