According to Dartmouth University, a divorce is the second-most stressful life event most people will experience. Even if you pursue an uncontested divorce by coming to a settlement agreement with your spouse, you will still need time and space to grieve your marriage. As a result, many spouses wonder, “Can I avoid the courtroom in an uncontested divorce?”
Appearing in court with your soon-to-be ex-spouse can be difficult. However, neither Orange County nor Osceola County offers no-hearing divorces. As a result, you will most likely need to appear at a hearing with your spouse to finalize all uncontested divorces in Orlando, FL. Conti Moore Law Divorce Lawyers, PLLC, will guide you and protect your rights during an uncontested divorce. Call our Orlando uncontested divorce attorneys at (407) 831-0203 for a free consultation today.
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How Conti Moore Law Divorce Lawyers, PLLC, Can Help With A Divorce In Orlando, FL
Conti Moore Law Divorce Lawyers, PLLC, was founded with the purpose of assisting clients with their family law matters. Our Orlando divorce lawyers have over 50 years of combined legal experience protecting the rights of spouses, parents, and grandparents involved in family disputes in Orlando, Florida.
When you need legal assistance with a family law issue, our firm can offer you the following services:
- Listening to your side of the story and discussing your legal options
- Gathering financial records and other evidence to support your case
- Filing a divorce petition
- Negotiating for a settlement
- Presenting your case to a judge if you and your spouse cannot reach a settlement
An uncontested divorce can solve a broken marriage, even if it still requires a hearing. Contact our office today for a free consultation to discuss your marital situation and how we can help you.
Are Uncontested Divorces Common?
A divorce is a legal procedure used to wrap up a married couple’s legal and financial affairs before dissolving their marriage. Florida has the nation’s seventh-highest divorce rate at 3.1 divorces per 1,000 residents. The primary issues resolved in a divorce include:
- Child custody and support
- Spousal support, also called alimony
- Property division
A contested divorce occurs when the spouses disagree over at least one of these issues. Each spouse presents their case to a judge, who then rules on the contested matters.
Contested divorces can happen when one spouse has unreasonable expectations about what they will receive in the divorce. They can also occur when a marriage involves complex issues, like a family business. Sometimes, spouses contest cases simply to satisfy an emotional need to cause difficulties for their soon-to-be ex-spouse.
When a couple agrees on all issues and does not need a trial, they have an uncontested divorce. In some cases, a couple will agree on settlement terms before filing for divorce at all. In others, the divorce will start as a contested case and become uncontested when the parties negotiate a settlement.
Statistics are hard to come by. However, divorce attorneys usually suggest that as many as 95% of divorces are resolved by a settlement instead of a trial.
Are Court Hearings Required In An Uncontested Divorce?
Orange County and Osceola County require the spouses to appear at a hearing for all divorce cases, including uncontested divorces. This hearing allows the judge to ask the spouses any questions about the divorce settlement, including raising potential concerns about the settlement’s fairness.
Florida provides several paths to getting an uncontested divorce. The state offers the following filing types, all of which include a court hearing that both spouses must attend:
Simplified Dissolution Of Marriage
A couple is eligible to file for a simplified dissolution when all of the following are true:
- No minor children or dependants
- No pregnancy
- No alimony claims
- Agreement on property division
Both spouses must file the petition for a simplified dissolution, although they can do it at different times. Once the court reviews the filing, it can hold a final hearing and dissolve the marriage.
Uncontested Divorce
A spouse can file an uncontested divorce with or without children as long as they agree on every issue, including custody and child support. The couple must submit their agreement for review by the court. After the court receives all the necessary documents from the spouses, it will set a hearing to dissolve the marriage.
Contested Divorce
When one spouse files for divorce and the other contests it, the court sets a trial schedule. If the spouses eventually agree on settlement terms, they will file a copy of the settlement agreement with the court. The judge will review that document and set a final hearing to discuss any issues with the settlement.
Schedule A Free Consultation With One of Our Orlando Divorce Lawyers
Relations with your spouse can be rocky enough to make a hearing uncomfortable, even when you agree on a settlement. Contact Conti Moore Law Divorce Lawyers, PLLC at (407) 831-0203 for a free consultation to discuss your final hearing with an Orlando divorce lawyer.
