Are My Spouse and I Eligible for an Uncontested Divorce?
Although many people assume that divorce is always a time-consuming and expensive process, the reality is that this does not always have to be the case. In fact, many couples who do not have minor children and can agree on how their marital assets will be divided, could be eligible for an uncontested divorce, which can usually be resolved within a matter of months. For help determining whether you and your spouse could qualify for an uncontested divorce, please contact an experienced uncontested divorce attorney who can advise you.
Eligibility for an Uncontested Divorce
Only certain couples can file for an uncontested divorce in Florida, including those who:
- Agree that their marriage cannot be saved;
- Have no minor or dependent children together;
- Have worked out how their marital assets will be divided upon divorce;
- Have agreed on who will pay the couple’s debts; and
- Are not seeking spousal support.
Finally, at least one of the parties must have resided in Florida for no less than six months before filing for divorce. Proof of residence can be established by:
- Producing a valid Florida driver’s license, voter registration card issued within the last six months, or a state identification card; or
- Producing a witness who can testify to the fact that one of the parties satisfies the residency requirement; or
- Provide an affidavit that is signed in the presence of a notary public or court clerk by a person who can attest that one of the spouses has lived in the state for the last six months.
Florida residents who cannot provide proof of residency, or who do not meet one or more of the criteria above must file a regular petition for dissolution of marriage in order to obtain a divorce.
The Filing Process
Couples who are eligible for an uncontested divorce must file a Petition for Simplified Dissolution of Marriage with the clerk of the circuit court and must also:
- Sign a Marital Settlement Agreement and file it with the court, or prove that all assets and liabilities have already been disposed of via oral agreement;
- Pay all necessary filing fees or complete an Application for Determination of Civil Indigent Status if unable to do so; and
- Complete a Family Court Cover Sheet and submit it to the clerk’s office.
Divorcing parties who meet these requirements will be assigned a date and time for a court appearance, at which both parties must be present. After completing a Final Judgement of Simplified Dissolution of Marriage, a family law judge can officially dissolve the marriage. However, it’s important to note that any misstep in this process could result in the court dismissing the case.
Contact Our Office Today
Uncontested divorces are a good option for couples who are willing to cooperate in finalizing their divorce. To find out if you qualify for a simplified dissolution of marriage, please call dedicated Fort Lauderdale uncontested divorce attorney Sandra Bonfiglio, P.A. at 954-945-7591 today.