Going through a divorce is never easy, but when both spouses agree on the key terms—such as property division, child custody, and support—an uncontested divorce can offer a quicker, more affordable, and less stressful path forward.
In Florida, the legal process for an uncontested divorce is relatively straightforward, provided that both parties are on the same page and meet the eligibility requirements. This guide will walk you through how to get an uncontested divorce in Florida, from filing the initial paperwork to finalizing the court’s approval.
What Is Considered an Uncontested Divorce?
Under Florida law, an uncontested divorce is a type of dissolution of marriage available for people who are in agreement upon getting divorced and the major issues that come along with it.
The problems that a couple must agree on include:
- Custody and Parental Responsibilities
- Child Support and Time Sharing
- Equitable Distribution of Property and Debt
- Spousal Support
Due to these factors, an uncontested divorce is ideal for a married couple who does not have any minor children, has minimal assets, shares a single home, has no animosity towards one another, and is able to be independently financially stable until the marriage is dissolved.
If you fit this profile, you can file a Simplified Dissolution of Marriage, which will be much faster than a traditional divorce and save you money.
Qualifying for an Uncontested Divorce in Orlando, FL
To file for an uncontested divorce, you need to meet two primary qualifications. First, either you or your spouse must have lived as a Florida resident for at least six months prior to filing for divorce. Second, you must state a legal reason for filing for divorce.
Florida is a no-fault state, which means that it does not require you to place any blame. However, you must choose between these two optional reasons. You may claim the marriage is irretrievably broken, meaning nothing will fix it. Or, if your spouse has been mentally incapacitated for at least three years, this could also be listed as a reason.
Uncontested Divorce and Spousal Support
If you qualify for an uncontested divorce, you may file for one of two types of uncontested divorce. If you are not interested in pursuing spousal support and have no minor children, you should file a simplified dissolution of marriage.
If you are interested in pursuing spousal support and/or have minor children, agreeing upon the major issues, then you can file a regular Dissolution of Marriage, but proceed as uncontested.
Filing for an Uncontested Divorce in Florida With Minor Children
If you are filing for a divorce and proceeding as uncontested, you and your spouse must agree on important aspects regarding the raising of your minor child or children. Setting up a Parenting Plan can help you draw out the details of your time-sharing, custody, and visitation agreements.
This should include details such as:
- Time spent with each parent
- When and where the child will be exchanged with the other parent
- Where the child will spend each holiday
- Where the child will reside during school breaks
The Florida Child Support Guidelines Worksheet will also need to be filled out prior to the judge reviewing your case. If you have further questions on this, speaking to a divorce lawyer can help.
Can I File for an Uncontested Divorce Without an Attorney?
Uncontested divorces can be pretty straightforward if your spouse is willing to be collaborative throughout the process. You may be able to do it yourself. However, filing for divorce without an attorney presents certain challenges and risks.
For example, even if you and your spouse agree on how assets should be divided up, you should be sure to seek legal advice to make sure that your paperwork is fully reviewed for accuracy.
Contact Conti Moore Law Divorce Lawyers, PLLC for a Free Consultation
Before beginning the divorce process, it’s wise to speak with an experienced divorce attorney. A legal consultation can help you get clear answers to your questions, understand your rights, and determine when professional guidance may be necessary to protect your interests. Contact Conti Moore Law Divorce Lawyers, PLLC for a free case review.
For more information, contact our experienced Orlando divorce lawyers at Conti Moore Law Divorce Lawyers, PLLC, by calling (407) 831-0203 to schedule a free consultation.
We serve all through Orange County and its surrounding areas. Visit our office at:
Conti Moore Law Divorce Lawyers, PLLC
815 N Magnolia Ave Suite 100
Orlando, FL 32803
(407) 831-0203
