There are two main types of divorces: contested and uncontested. In contested divorces, the divorcing spouses do not agree on some material terms of their divorce. They must go before the court and make legal arguments to get the court to agree with them. In an uncontested divorce, the spouses agree on the divorce terms.
Getting an uncontested divorce offers significant benefits, namely the potential cost savings and peace of mind, without battling it out with your spouse in court. You can reach an amicable divorce settlement and end your marriage more quickly on your own terms. However, you must be able to meet certain requirements to get an uncontested divorce.
What Is an Uncontested Divorce?
In an uncontested divorce, the spouses agree on the material terms of the divorce. Even if they initially did not agree, but they now agree with the help of negotiation or mediation, it is an uncontested divorce once they have a marital settlement agreement in place.
An uncontested divorce is not the same as a no-fault divorce. No fault in this context means that the spouses are not alleging that the other did anything wrong to cause the end of the marriage. Instead, they are asking the court to end their marriage because they have differences that cannot be fixed.
However, since Florida is a no-fault divorce state, the only legal grounds that either spouse must allege is that the marriage is irretrievably broken. Therefore, you can get a no-fault and an uncontested divorce in Florida.
What Issues Do My Spouse and I Need to Agree on?
The legal issues that you must agree on will depend on the specifics of your marriage, but they could include:
Property Division
If you or your spouse accumulated any property during your marriage, it will likely be regarded as marital property. The marital property must be divided upon divorce. Florida courts use equitable distribution when dividing spouses’ property, which considers what is a fair distribution of property based on the particular circumstances.
However, you can avoid this analysis by reaching your own agreement about which property each spouse will have. Keep in mind, you must also divide your marital debt.
Child Custody
You must reach an amicable agreement regarding the custody of your children. This includes physical custody (which parent the child primarily lives with) and legal custody (which parent has the right to make important decisions for the child.
Child Support
You can use the child support guidelines to identify an appropriate amount of support the non-custodial parent should pay, based on your incomes and the number of children to be supported.
Spousal Support
Spousal support doesn’t have to be included in a divorce order, but you can reach an agreement on it if you want.
What Is a Simplified Dissolution of Marriage?
Florida also has a faster and easier process of getting a divorce, called a simplified dissolution of marriage.
To qualify for this streamlined procedure, you and your spouse must meet the following criteria:
- You and your spouse agree to use the simplified process.
- No minor or dependent children were born of the marriage.
- Neither spouse is currently pregnant.
- At least one spouse has lived in Florida for at least six months before the divorce petition was filed.
- You both agree on the division of assets and debts.
- Neither spouse is requesting alimony.
- Both spouses waive their right to a trial and appeal.
A simplified dissolution of divorce avoids costly litigation and helps you get divorced faster.
What Is the Process of Getting an Uncontested Divorce in Florida?
The Florida divorce process will differ slightly depending on whether you get a regular uncontested divorce or a simplified dissolution of marriage.
The steps include:
- Filing an individual or joint petition in the circuit court of the county where either spouse resides
- Preparing and filing financial affidavits
- Negotiating a divorce settlement agreement
- Attending a court hearing to present your agreement to the court to convert to an order
- Receiving the final decree of divorce
A lawyer can help you through this process, ensuring that you understand your legal rights and that your paperwork is filed correctly.
Contact the Orlando Divorce Lawyers at Conti Moore Law Divorce Lawyers, PLLC for Help Today
If you would like to learn more about whether you qualify for an uncontested divorce and how an experienced Orlando divorce attorney can help you through the legal process, contact Conti Moore Law Divorce Lawyers, PLLC today for an initial consultation.
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
