What is an uncontested Divorce?
In Florida, an uncontested divorce is one in which both spouses agree to the terms of the divorce. This means that there are no child custody disputes, no financial disputes, and no marital issues remaining between the spouses. However, there are still some things that need to be taken care of before the divorce can be finalized. For example, any children will share a portion of their parents' assets and child support payments will be made. Additionally, if either spouse receives Alimony payments from their former spouse, these arrangements will also need to be made clear before the divorce can be finalized.
If you can't agree on all of these issues, your divorce will be considered contested. In a contested divorce, you and your spouse will need to go to court and have a judge decide the terms of your divorce.
What are the Requirements for an Uncontested Divorce?
In order to file for an uncontested divorce in Florida, the following requirements must be met:
1. The parties must be able to agree on all issues.
2. One of the parties must have been a resident of Florida for at least six months prior to filing for divorce.
3. The parties must have no pending suits for alimony or child support.
4. The parties must file a Joint Petition or the Petition must not be contested by the opposing spouse.
5. The parties must attend a final hearing, where the divorce will be granted if all requirements are met.
What are the Grounds for an Uncontested Divorce?
1. The marriage is irretrievably broken.
2. One of the spouses are mentally incapacitated.
What is the Process for an Uncontested Divorce?
1. There must be a petition filed in which the opposing spouse does not contest. The petition will be accompanied with the entire package (civil cover sheet, petition, financial affidavit or waiver of mandatory disclosure, notice of social security number, prove that you have been a resident of Florida for at least six months, certificate of compliance with mandatory disclosure if mandatory disclosure has not been waived, designation of current address and email address, and marital settlement agreement). Some counties require additional documents so make sure you refer to the county's clerk of court website before filing.
2. The parties must attend a final hearing, where the divorce will be granted if all requirements are met. At the final hearing, the judge will ask the parties a series of questions to ensure that all requirements have been met. If the judge approves, the divorce will be granted.
What are the Benefits of an Uncontested Divorce in Florida?
1. The divorce process is much shorter and less expensive than a contested divorce.
2. There is less stress and conflict involved.
3. The parties are able to resolve disputes amicably.
4. The divorce is final and binding.
A divorce is much easier on all parties when it is uncontested. Uncontested divorces allow the parties to amicably agree on issues before getting the court involved which saved money and judicial time. If your are planing for a divorce, try the uncontested route. It may save you time, stress and energy.