If you need to get a divorce in Orlando, FL, and your spouse agrees to the divorce or will not participate, you have options. When you and your spouse agree on divorce terms, you can file for an uncontested divorce in Florida. If your spouse has been served with divorce paperwork but refuses to participate, you can file for a default divorce. In either situation, the experienced Orlando divorce lawyers at Conti Moore Divorce Lawyers, PLLC, can help. You should not have to go through this stressful process on your own.
What is a Declaration for Default?
Florida is a no-fault divorce state, which means you don’t need to prove abuse, adultery, or wrongdoing by your spouse to obtain a divorce. Under Florida’s no-fault divorce law, you will only need to allege that the marriage is irretrievably broken. Many also refer to this as irreconcilable differences. You can also divorce in Florida on the basis that the other party is mentally incapacitated.
What are the Steps to File a Declaration for Default in Orlando, FL?
You don’t need the other spouse’s permission to obtain a divorce in Florida, so if they refuse to cooperate after being served, you still have options. Default divorce is available so you can still move forward despite your spouse’s failure to participate in the legal process. Under Florida law, the responding party has 20 days to file an answer after being served with a divorce complaint. If you have proof that your spouse was served with the divorce paperwork, and they haven’t filed their answer with your county’s clerk of court after 20 days, you can file a Motion for Default and entry of the divorce judgment.
After the Motion for Default is filed with the court clerk, a hearing can be scheduled with notice sent to the other spouse. At the default hearing, a judge can enter a declaration for default divorce after reviewing the facts.
If your spouse is being difficult or is simply unwilling to participate in the process, they can’t keep you from moving forward. An experienced Orlando default divorce lawyer will help you navigate the legal process, make sure the right steps are taken, and get your divorce completed even if your ex won’t respond.
What is an Uncontested Dissolution?
Many divorces are bitterly fought by both sides and can drag out for months and months. It doesn’t always have to be that way. If you and your spouse can come to terms regarding child custody, property division, and other issues, you can avoid a long and difficult legal process. Instead, you can complete your divorce painlessly through an uncontested dissolution.
Uncontested divorce is available when you and your ex can work together and agree on how to split assets, debts, and property. If children are involved, you can even create the terms of your own custody agreement. This is often easier on the children as well as both spouses. If children under 18 are involved, you will need to file a detailed parenting plan with the court before a judge will enter your divorce judgment.
What are the Steps to File an Uncontested Dissolution in Orlando, FL?
First, you will need to file a petition for dissolution of marriage. Once filed, your next step is to serve your spouse with the divorce paperwork. They can either contest the petition or work with you toward creating a marital settlement agreement. Your marital settlement agreement will spell out the terms of the divorce, how property will be split, and how both spouses will handle assets and liabilities.
Courts will look to see that the marital settlement agreement is fair to both parties, neither side was pressured into the agreement, and certain mandatory disclosures were made. When both sides have lawyers, an agreement is usually presumed to be fair.
When both spouses agree to the terms of the divorce, they can ask the court to schedule a hearing for an uncontested dissolution. Notice of the hearing will be sent to both sides. At the hearing, the judge will review all terms agreed to and confirm with the parties (and their attorneys) that the contents of the marital settlement agreement are correct. After confirming this, your divorce judgment can be finalized. For legal guidance with an uncontested dissolution, you can schedule a free consultation with our experienced Orlando uncontested divorce attorneys.
Call an Experienced Orlando Divorce Lawyer Today
Even a default divorce or uncontested dissolution can be complicated if the right steps aren’t taken. If you are going through a divorce, a dedicated Orlando divorce attorney can help you through every step of the process–letting you focus on your personal goals while we handle the legal process. To learn more about declarations for default and uncontested dissolution in Florida, contact Conti Moore Law Divorce Lawyers, PLLC, to schedule your consultation.
Contact the Orlando Divorce Law Firm of Conti Moore Law Divorce Lawyers, PLLC for Help Today
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 Glenn County and it’s surrounding areas. Visit our office at:
Conti Moore Law Divorce Lawyers, PLLC
815 N Magnolia Ave Suite 100
Orlando, FL 32803
(407) 831-0203