Steps in an Uncontested Divorce

Getting a divorce is never easy, but an uncontested divorce can make the process faster and less stressful. In Florida, including Orlando, an uncontested divorce happens when both people agree on everything, like property, money, and child care. This type of divorce is simpler because there is no need to fight in court. Instead, both people work together to finish the legal steps. Understanding each step can help make the process even smoother. Below are the important steps to getting an uncontested divorce in Orlando, Florida.

At Conti Moore Law Divorce Lawyers, PLLC, our law firm has represented clients in divorce matters for over a decade. Our Orlando uncontested divorce lawyers have over fifty years of combined experience and can help you no matter what state of the divorce process you’re in.

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How Conti Moore Law Divorce Lawyers, PLLC Can Help With an Uncontested Divorce in Orlando, FL

Even though an uncontested divorce is less complicated than a contested one, it’s still important to have legal help.

Conti Moore Law Divorce Lawyers, PLLC can:

Make sure all forms are filled out correctly and filed on time
Help create fair and complete agreements about money, property, and children
Review any settlement to make sure your rights are protected
Guide you through the process and avoid common mistakes

Having a lawyer by your side gives you peace of mind and can prevent future problems. Call our Orlando family law attorneys to get started.

Overview of the Steps in an Uncontested Divorce

There are a number of steps required in an uncontested divorce.

Below is a general outline:

Step 1: Make Sure You Qualify

Before you start, you need to make sure you can get an uncontested divorce in Florida.

Here are the rules:

Residency rule: One spouse must have lived in Florida for at least six months before filing for divorce.
Agreement on all issues: Both people must agree on everything, including money, property, child care, and debts.
No big arguments: If you and your spouse cannot agree on something important, you may need a contested divorce instead. This could make the process much longer, more expensive, and stressful for both people.

All of these initial requirements must be met if the uncontested divorce is to proceed.

Step 2: Fill Out and File the Forms

To start the divorce, you must fill out legal forms and file them with the court.

Important forms include:

Petition for Simplified Dissolution of Marriage (if both spouses agree and have no kids).
Marital Settlement Agreement, which explains how things like property and money are split.
Parenting Plan (if you have children), which lists who will take care of them and when.
Financial Affidavits, which show both spouses’ financial situation. Both spouses must be completely honest about their finances.

These forms must be turned in to the Orange County Clerk of Court, and you will need to pay a fee. It’s important to review all forms carefully before submitting them to avoid errors and delays.

Step 3: Make Sure the Other Person Gets the Papers

If both people file together, this step is not needed. But if one person files alone, the other must receive the papers.

This can happen in two ways:

Personal delivery: A sheriff or process server gives the papers to the other spouse.
Waiver of service: The other spouse signs a form saying they got the papers and do not need a sheriff to deliver them.

This step is important because it makes sure both people know about the divorce and have a chance to respond. If the other spouse refuses to accept the papers, the court may allow service by publication, where the notice is published in a local newspaper.

Step 4: Wait for the Required Time

Florida law says you must wait at least 20 days after filing before the divorce can be final. This time allows both people to review the agreement and make sure everything is correct. If any mistakes are found, they can be fixed before the divorce is completed.

The waiting period is also meant to give both spouses time to reconsider their decision. Additionally, if any unexpected issues come up, they can be addressed before finalizing the divorce. It is important to use this time wisely and double-check all legal documents to avoid any unnecessary delays.

Step 5: Go to the Final Hearing

Most uncontested divorces require a final hearing in court.

A judge will check everything and ask questions like:

Do both people agree to the divorce?
Have all legal rules been followed?
Is the agreement fair for any children involved?

The hearing is usually quick and simple. If everything is correct, the judge will sign a Final Judgment of Dissolution of Marriage, which legally ends the marriage. It is important to bring all necessary documents to court to avoid any last-minute issues.

Step 6: Get Your Divorce Papers

Once the judge signs the final papers, you need to get a Final Divorce Decree from the Clerk of Court. This paper is proof that the marriage has ended.

It may be needed to:

Change your last name.
Update records like bank accounts or insurance.
Make changes to legal documents like wills or life insurance policies.

It is a good idea to keep this document in a safe place for future use. Some people also need a certified copy for financial transactions or to prove their marital status in the future. Keeping multiple copies can help avoid future inconvenience.

Call Our Orlando Divorce Lawyers for Help With an Uncontested Divorce

An uncontested divorce is easier than a contested one, but you may still need legal help. Our Orlando divorce lawyers at Conti Moore Law Divorce Lawyers, PLLC, can make sure your paperwork is done right and that your rights are protected. Even if you and your spouse agree on everything, it’s smart to have a lawyer review your case.

Contact our law firm today for a free consultation.