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Grant J. Gisondo, P.A. – Family Law Attorney

Uncontested Divorce in Florida

Grant J. Gisondo, P.A. > Uncontested Divorce  > Uncontested Divorce in Florida

Uncontested Divorce in Florida

Uncontested Divorce in Florida

How to Save Time and Money

Divorce can be an emotionally draining and financially taxing process, but it doesn’t have to be. For couples who can agree on the major issues, an uncontested divorce offers a simpler, faster, and more affordable option than a contested divorce. In Florida, many couples choose uncontested divorce to avoid the stress, delays, and high costs of courtroom battles. This blog post will explore the process, requirements, and key benefits of uncontested divorce in Florida, offering a sense of relief and comfort in the midst of a challenging time.

What Is an Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all major aspects of their separation, including:

  • Division of property and debts
  • Spousal support (alimony)

If both parties agree on these issues, they can file for an uncontested divorce, typically leading to a quicker and less costly resolution.

The Process of Filing for an Uncontested Divorce in Florida

The uncontested divorce process in Florida is relatively straightforward compared to a contested divorce. Here’s an overview of the steps:

  1. Meeting Florida’s Residency Requirements: One spouse must have lived in Florida for at least six months before filing for divorce. This residency requirement applies to both uncontested and contested divorces.
  2. Filing a Petition for Dissolution of Marriage: To start the process, one spouse must file a “Petition for Dissolution of Marriage” in the local county court where they or their spouse resides. The other spouse must respond to this petition. In an uncontested divorce, both spouses typically file a settlement agreement simultaneously, which outlines their decisions on property division and alimony,
  3. Complete Financial Disclosures: Even in an uncontested divorce, Florida law requires both parties to disclose their financial information, including income, assets, and debts. This transparency ensures that both spouses make informed decisions about their divorce terms.
  4. Submit a Marital Settlement Agreement: A key element of an uncontested divorce is the Marital Settlement Agreement, which details how you and your spouse have decided to resolve all issues. This agreement is filed with the court, and the judge will review it during the divorce proceedings.
  5. Attend a Final Hearing: In some uncontested divorce cases, you may still need a short final hearing before a judge. At this hearing, the judge will review your settlement agreement and confirm that both parties entered it willingly and that all terms are fair and reasonable. The judge will issue a final divorce decree if everything is in order.
  6. Receive the Final Judgment: Once the court approves the settlement, the judge will issue a Final Judgment of Dissolution of Marriage, officially finalizing the divorce.

Requirements for an Uncontested Divorce in Florida

While an uncontested divorce is simpler than a contested one, there are still specific requirements that must be met:

  • Agreement on All Issues: Both parties must agree on the key aspects of their divorce, including the division of assets, liabilities, and alimony.
  • Full Financial Disclosure: Both parties must provide a complete and accurate financial disclosure. Failing to disclose assets or debts can result in penalties and invalidate the divorce agreement.
  • Residency Requirement: At least one spouse must have lived in Florida for six months before filing for divorce.
  • No Disputes: If disputes arise during the process, the divorce may transition to a contested one, which involves court intervention and can be more costly and time-consuming.

Benefits of Uncontested Divorce

There are several reasons why couples in Florida choose uncontested divorce over the traditional contested route. Here are some of the primary benefits:

  1. Cost Savings One of the most significant benefits of an uncontested divorce is the reduced cost. Since both parties agree on the terms, there is no need for lengthy court battles or costly litigation. The couple typically only pays court fees and, in some cases, a fee for legal assistance in drafting the settlement agreement. The average uncontested divorce costs significantly less than a contested one, which can involve expensive attorney fees and multiple court appearances.
  2. Faster Resolution The process can move quickly in an uncontested divorce, often within a few months. With no disputes to resolve in court, there’s less waiting time between filing the paperwork and receiving the final judgment. Contested divorces, however, can take a year or more to finalize, especially if they involve complex issues like property division or child custody disputes.
  3. Less Stress and Emotional Turmoil Divorce can be emotionally challenging, but uncontested divorces tend to be less contentious and stressful than their contested counterparts. Since both parties work together to resolve their issues, there is often less animosity and more cooperation. This approach can reduce the emotional toll on spouses and children.
  4. Greater Control Over the Outcome In a contested divorce, a judge makes the final decisions. In an uncontested divorce, the spouses maintain control over important decisions. They can negotiate and reach a settlement that works for both of them rather than leaving the outcome in the hands of the court.
  5. Privacy Court battles can sometimes lead to sensitive personal information being made public. With an uncontested divorce, the couple handles most of the process outside the courtroom, which helps maintain a higher level of privacy. Most details remain between the spouses and their attorneys, with only the final judgment becoming a public record.

Is an Uncontested Divorce, Right for You?

While uncontested divorce offers many advantages, it’s not the right solution for every couple. It works best for couples who are:

  • Amicable: Both parties must be willing to negotiate and cooperate.
  • In Agreement: There should be no major disputes over finances, property, or alimony.
  • Financially Transparent: Both spouses must be honest and open about their financial situations.

A contested divorce might be unavoidable if these conditions don’t apply to your situation. However, it’s worth exploring mediation or other conflict resolution strategies before turning to litigation.

Conclusion

An uncontested divorce in Florida is a cost-effective, time-saving option for couples who can agree on the key issues of their separation. By avoiding lengthy court battles and legal fees, you can focus on starting the next chapter of your life with less stress and uncertainty. If you’re considering an uncontested divorce, consulting with a family law attorney is still a good idea to ensure that your agreement is fair, legally sound, and protects your rights. With the right guidance, an uncontested divorce can make ending a marriage much smoother and more manageable.