An uncontested divorce in Orlando, FL can save time and money for a couple who wants to end their marriage. Both spouses must agree on all divorce terms to obtain an uncontested divorce. This guide answers common questions about uncontested divorces and how you and your spouse can qualify for one in Orlando.
With over 50 years of combined experience, our divorce attorneys at Conti Moore Law Divorce Lawyers, PLLC, have the experience and skills to handle all types of divorce cases. We handle all matters related to your divorce, including property division, spousal support, child custody, and child support.
Call Conti Moore Law Divorce Lawyers, PLLC, at (407) 831-0203 to schedule a free consultation with one of our Orlando uncontested divorce lawyers.
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How Our Orlando Family Law Attorneys Can Help You With an Uncontested Divorce in Florida
For over a decade, our legal team at Conti Moore Law Divorce Lawyers, PLLC has been helping clients who are facing challenging family law and divorce matters in Orlando, Florida. We will provide sound legal advice and help you navigate the divorce process. We have a perfect rating on Avvo, and our attorneys have been recognized by Super Lawyers.
When you hire our award-winning Orlando divorce attorney, you can trust we will:
- Listen to you as you explain your goals for a divorce settlement
- Explain the Florida divorce process and how divorce laws impact your case
- Develop a divorce settlement that is in your best interest
- Resolve disputes through mediation and negotiation when possible
- Take your case to trial if necessary
Our attorneys and law firm have been featured in The New York Times, Forbes, and Orlando Family Magazine’s Awesome Attorneys 2021.
Contact Conti Moore Law Divorce Lawyers, PLLC, to schedule a free consultation with an experienced Orlando family law lawyer.
What Are the Grounds for an Uncontested Divorce in Florida?
Florida is a no-fault state for divorces. A spouse can file for divorce based on irreconcilable differences, regardless of whether the other spouse wants to end the marriage. The court can grant the divorce if one spouse states that the marriage cannot be saved.
In an uncontested divorce, the spouses agree they want to divorce. Either spouse can file the petition for dissolution of marriage, and the other spouse responds and agrees to the divorce.
What Matters Are Involved in an Uncontested Divorce?
The matters in your divorce depend on your unique circumstances. Generally, divorces resolve issues including:
- Dividing marital assets and debts (i.e., property division)
- Determining how to divide parenting responsibilities (i.e., child custody)
- Whether either spouse will receive spousal support, and if so, how much support will be paid
- The amount of child support to be paid
In an uncontested divorce, the parties agree on all divorce issues and submit a proposed order to the court. The judge then reviews the order to ensure any terms related to the children are in their best interests. Unless the judge finds the settlement unlawful or unfair, the judge will approve it and incorporate it into the divorce decree.
Is a Simplified Divorce the Same as an Uncontested Divorce?
Florida’s simplified dissolution of marriage is a form of uncontested divorce. However, the couple must meet specific criteria to file for a simplified dissolution of marriage. The criteria are:
- The spouses agree they cannot reconcile.
- The spouses do not have any minor children together, the wife did not give birth during the marriage, and she is not pregnant.
- The spouses agree on how to divide their assets and debts.
- Neither spouse is seeking alimony.
- The spouses agree to give up their right to a trial and appeal.
- The spouses must go to the clerk’s office to sign the petition.
- The spouses agree to appear at a final hearing together.
The key difference between an uncontested divorce and a simplified dissolution is that the latter applies when the couple has no minor children. Otherwise, both types involve agreement on all other issues, including waiving alimony, a trial, and an appeal.
What Is the Timeline for an Uncontested Divorce in Orlando, FL?
Generally, uncontested divorces are much faster than contested divorces. You can complete an uncontested divorce in about two months if you and your spouse have drafted a proposed settlement for the court.
The court will not issue a divorce decree until after 20 days because the non-filing spouse has 20 days to respond to the divorce papers. The other factor in the timeline is the court’s schedule. The court must schedule a final hearing to consider the proposed divorce settlement.
Can an Uncontested Divorce Become Contested?
Spouses may initially agree on the terms of their divorce, but if one party changes their stance on a particular issue, it can lead to a conflict. Any disagreement turns the divorce into a contested case even if the rest of the terms are settled.
In a contested divorce, the case is added to the trial docket. Both attorneys will begin the discovery process and prepare for trial. Skilled lawyers may work with both parties to reach a settlement, helping them avoid the need for a trial.
However, if one spouse remains firm in their position, the case proceeds to trial. At trial, a judge will make decisions on the disputed issues based on the evidence presented and applicable law.
Contact Our Orlando Uncontested Divorce Lawyers for a Free Consultation
If you have questions about filing for divorce in Florida, call Conti Moore Law Divorce Lawyers, PLLC to schedule a free consultation with one of our Orlando uncontested divorce lawyers. Our attorneys will help you pursue a fair divorce agreement.
