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What is an Uncontested Divorce?

April 14th • 6 min read

If you have decided that your marriage isnt't working out, you and your spouse may have decided to get a divorce. Of course, divorces come in many shapes and forms. In the state of Florida, there are multiple types of divorce that a couple might utilize.

One form of divorce is called an "uncontested divorce." As the name suggests, this indicates that there may not be as many disputes between the parties involved as there normally would.

In this blog, we will examine what an uncontested divorce is, and what you should do if you are interested in going through with an uncontested divorce in the state of Florida.

divorce

What Is an Uncontested Divorce?

An uncontested divorce is a divorce in the State of Florida where all parties involved have resolved their marital issues. There are numerous important issues that have to be resolved before a divorce can be finalized. These include:

  • The division of marital property
  • Any issues related to possible child custody or child support issues
  • The division of parenting time and visitation schedules
  • Possible alimony payments from one spouse to another

If these issues have been resolved, it may be possible for a couple to go through an uncontested divorce. On the other hand, regardless of whether a divorce is contested or uncontested, there are still certain conditions that all parties involved have to meet before the divorce can be finalized.

For example, there is a residency requirement when it comes to divorce proceedings. In order for you to obtain a dissolution of marriage in Florida, you and your spouse have to have lived in the state of Florida for at least 6 months before requesting the divorce.

Furthermore, you need to prove before a judge that you actually have met all legal grounds for a divorce. For example, Florida is one of the few states in the United States that have eliminated adultery as a possible basis for divorce proceedings to take place. You may be able to say that your marriage is irretrievably broken, which means that you and your spouse no longer have any common ground on which to build a meaningful marriage. These are important issues that require legal experience to navigate successfully.

What Are the Types of Uncontested Divorces in Florida?

There are two broad categories available when it comes to an uncontested divorce. The first option is called a Simplified Dissolution of Marriage. Not every couple is going to fall into this category, even if the divorce appears amicable. In order to qualify for this divorce path, all of these conditions have to be met:

  • Both spouses have to agree that the marriage cannot be saved
  • Neither spouse can be seeking alimony
  • The spouses have to agree on how they are going to divide all assets and debt in the marriage
  • The family has to have lived in Florida for the past 6 months
  • One spouse cannot be pregnant
  • There cannot be any children under the age of 18
  • Both spouses agree to this path when it comes to divorce proceedings

If you fall into this category, your divorce proceeding may be expedited. If you do not qualify for this proceeding, then you will have to go through the Regular Dissolution of Marriage path. Even though this path can be more time-consuming, it is still faster to use this strategy for an uncontested divorce and to go through a contested divorce.

How Does an Uncontested Divorce Work in Florida?

If you are interested in filing for an uncontested divorce in the State of Florida, there are several steps you will have to follow. The first step is to complete something called a Petition for the Dissolution of Marriage, which provides the court and your spouse with all relevant information regarding the divorce proceedings. This includes the presence of alimony, any child support, and the division of assets. These forms are available on the website of the Florida Courts.

After this petition has been filled out, you have to file it with the court. You will provide a copy to the local Clark in the county in which you reside. Then, your spouse has to be served with a summons. This is usually done using a process server or the local law enforcement agency. You may also be able to hand this to your spouse yourself if he or she is cooperative.

Once your spouse has a copy of the request, he or she will be given an opportunity to respond to the petition. If you are going through an uncontested divorce, your spouse may respond by agreeing with the information contained in the petition.

If you would like this process to proceed as quickly as possible, you may want to have the terms written down and something called a divorce settlement agreement. You can enter into this agreement either before or after you file for divorce. If both parties come to an agreement, the divorce proceedings will proceed more smoothly.

Make the Process Easier by Working with a Trained Florida Divorce Attorney

If you would like this process to proceed as easily as possible, you should work with an experienced Florida family law attorney. That is where The Law Offices of Leonard R. Ross can be helpful. With a tremendous amount of experience going through divorces of all types, including uncontested divorces, you can remove a significant amount of stress from this situation by having an experienced legal professional guide the way. That way, you can anticipate any issues that could arise during the divorce process and address them before they cause significant issues.