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.
Many movies and tv shows throughout the years have depicted divorce as stressful, emotion-filled, and contentious. The stigma around divorce has made many people fear getting divorced. However, many Florida residents who want a divorce do not know about 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 agree on all issues. These include asset and debt division, alimony, child support, and child custody. Because the parties agreed on all issues, they do not need the court to make any decisions.
There are several benefits to an uncontested divorce. One benefit is that both spouses have full control over the outcome.
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 marriage dissolution may be an option for some couples, if they meet these 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
The spouses can still file a regular dissolution of marriage if they do not meet all the criteria 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 – First, fill out every form your county requires for an uncontested divorce. You can find these forms for free online. Many people hire a divorce lawyer to handle paperwork. This helps ensure it is accurate and filed on time.
- Marital Settlement Agreement – Both spouses must complete and sign a marital settlement agreement. It lists everything the spouses have agreed to.
- Parenting Plan – If there are children in the home under age 18, both spouses must take a parenting course. Both spouses must also create a parenting plan. A judge must approve this parenting plan and child support amounts. They can reject any part of the parenting plan or child support if it serves the child’s best interest.
- File All Documents – Once all documents are ready, file them with the Clerk of Courts in your county of residence. 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 must briefly appear at the final judgment hearing.
How Long Does An Uncontested Divorce Take?
In Florida, uncontested divorces usually take around 4-6 weeks to finalize. Several administrative steps occur. These include a mandatory 20-day waiting period, court backlogs, and scheduling issues for final hearings.
Scheduling issues often cause delays in divorce. There may be a delay in scheduling the final hearing if there is a backlog in the county’s divorce court.
Another reason for divorce is when a spouse struggles to complete it, even after agreeing to all terms. One spouse may drag their feet if they fear life after divorce.
Delays will 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 cannot finalize a divorce until the baby is born. This can happen if the wife is pregnant, even though Florida law allows it. Pregnancy can extend the duration of divorce by several months, depending on how far along the wife is.
Also Read: Navigating UK Divorce Law
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 help to hire a divorce lawyer if you own 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.
You may only need to consult a divorce attorney to review your paperwork and explain your rights. Others may need a lawyer to help file paperwork and negotiate for them. If you are not sure how involved you need to be, talk to an attorney. Ask for advice for your situation.