Uncontested Divorces in Florida – How to Qualify

An uncontested divorce in Florida provides a streamlined path to dissolving a marriage when both spouses agree on all key aspects of their separation. This includes reaching a consensus on crucial matters such as:

Parental Responsibility or Child Custody Law
Time Sharing or Visitation
Child Support arrangements for any children of the marriage
Equitable Distribution of all marital property and debts accumulated during the marriage
Whether Spousal Support (Alimony) will be awarded to either party

This mutual agreement of these variables simplifies the process and allows for an uncontested divorce to avoid lengthy court battles and minimize legal expenses.

Also note that to initiate any divorce proceedings in Florida, at least one spouse must have resided in the state for at least six months before filing the petition. Florida operates as a no-fault divorce state, meaning you don’t have to assign blame. Legally, there are only two permissible grounds for divorce: First, the marriage is irretrievably broken, indicating that reconciliation is impossible (this is the most frequent reason cited). Second, one party has been mentally incapacitated for at least three years.

Uncontested Divorce vs. Simplified Divorce

While both simplified divorce and uncontested divorce in Florida aim for a quicker, smoother process, they have distinct qualification differences:

Simplified Divorce

No minor children: Neither spouse can have children together, and the wife cannot be pregnant.
No alimony: Neither spouse can seek alimony from the other.
Agreement on everything: Both spouses must agree on all property division and debt allocation aspects.
Mandatory court appearance: Both spouses must sign the petition at the courthouse and attend the final hearing together.

Uncontested Divorce

Can have children: While a simplified divorce is not an option if you have children, an uncontested divorce is still possible if you can agree on a parenting plan, child support, and time-sharing arrangements.
Alimony is possible: Unlike a simplified divorce, you can agree on alimony terms in an uncontested divorce.
Flexibility in court appearance: While the petitioner must attend the final hearing, the respondent may choose not to.

A simplified divorce is a subset of uncontested divorce with stricter limitations on children, alimony, and court appearances. A simplified divorce is not an option if you have children or need to address alimony, but you can still pursue an uncontested divorce if you reach a complete agreement with your spouse.

How Uncontested Divorces Work

The process involves drafting a petition for dissolution of marriage, a marital settlement agreement outlining the agreed-upon terms, and other necessary documents. Both parties sign these documents, which are then filed with the court. A judge reviews the paperwork. The judge grants the divorce without a trial if everything is in order.

How long does it take?

An uncontested divorce in Florida is generally faster than a contested one. While specific timelines vary by county, you can often obtain a final judgment within a few weeks to a couple of months, making it a viable option for those seeking a quick divorce.

How much does it cost?

The costs of an uncontested divorce are typically lower than those of a contested divorce. Filing fees, court costs, and potentially attorney fees are involved. However, because of the reduced time and legal work, the overall expense is usually considerably less.

How are assets divided?

In an uncontested divorce, the parties agree on how to divide their marital assets. This agreement is formalized in the marriage settlement agreement. Florida is an equitable distribution state, meaning assets are divided fairly, though not necessarily equally.

What happens if there are children?

If children are involved, the parties must agree on a parenting plan that addresses custody, visitation, and child support. This plan must be in the best interests of the child. Child support calculations are typically based on state guidelines.

Is Uncontested Divorce the Right Choice?

How do you know if an uncontested divorce is right for you? The core requirement for an uncontested divorce is a complete and mutual agreement between you and your spouse on all material aspects of your separation. This includes not only the big-ticket items like asset and debt division, child custody and support arrangements (parenting plan), and alimony but also seemingly more minor details. Do you agree on how to divide household items? What about the family pet? Reaching a consensus on everything, no matter how minor, is crucial.

If even one issue remains a contention, an uncontested divorce is likely not feasible. A significant disagreement on any single matter, financial, parental, or otherwise, will necessitate a contested divorce. This path involves court intervention to resolve the disputed issues, which can significantly increase the process’s time, cost, and emotional strain.

Therefore, honest self-assessment and open communication with your spouse is vital to determining whether you have the level of agreement necessary for an uncontested divorce. Consulting with an attorney can provide clarity and guidance if you have doubts.

Family Law Lawyer Required?

While not strictly required, consulting with a family law attorney is highly recommended, even in an uncontested divorce. An attorney can ensure your rights are protected, the paperwork is correctly filed, and the agreement is fair. This can prevent future complications and give you peace of mind.

Mario Gunde Peters & Kelley Can Help

The Legal Eagles at Mario Gunde Peters & Kelley can provide experienced legal guidance throughout your uncontested divorce process. We can help you draft the necessary documents, negotiate a fair settlement, and ensure your divorce proceeds smoothly and efficiently. Contact us today for a consultation to discuss your specific needs and how we can help you achieve a quick divorce while protecting your interests.

Uncontested Divorce in Florida, A Quick Divorce Option