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When is Uncontested Divorce the Right Option?

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When many of us hear the term divorce, we automatically imagine a number of court hearings, expensive court costs, and conflict between the parties. Fortunately, obtaining a divorce does not have to be this way. In fact, more often than not, divorces in Florida are resolved somewhat amicably. This is especially true for couples who qualify for an uncontested divorce, which helps parties avoid lengthy and complicated divorce litigation, so if you and your spouse are committed to keeping your divorce proceedings as civil as possible, it is important to contact an experienced uncontested divorce lawyer who can explain your legal options.

What is an Uncontested Divorce?

An uncontested divorce is essentially a simplified divorce proceeding, in which couples are able to avoid lengthy court hearings and hefty court fees by reaching an out-of-court agreement on the following issues:

  • The division of marital assets and debt;
  • Spousal maintenance awards; and
  • The child-related aspects of divorce, including child support, custody arrangements, visitation, and parenting plans.

Those who opt for an uncontested divorce will need to include details about these arrangements in a marital settlement agreement before a court will issue a final court order.

How Long Does an Uncontested Divorce Take to Finalize?

One of the most important advantages of filing for an uncontested divorce is that these types of dissolutions tend to be resolved much more quickly than their litigated counterparts. For instance, if a divorce petition and all necessary paperwork is properly filed by a divorce lawyer, a couple could expect a final judgment on the issue to be entered within around one month, although no earlier than 20 days, of filing the divorce petition.

Filing for an Uncontested Divorce

To begin the process of filing for an uncontested divorce in Florida, couples must file a Petition for Simplified Dissolution with the court, in addition to a copy of a signed and written marital settlement agreement containing the details of any property division, child custody, and alimony arrangements. However, it’s important to note that to file for an uncontested divorce, a couple must:

  • Have no children under the age of 18 years old;
  • Have lived in the state for at least six months;
  • Agree on the division of marital assets and debts;
  • Agree to not seek alimony;
  • Agree that their marriage is irretrievably broken;
  • Agree to give up their rights to a trial and appeal;
  • Agree to go to the clerk’s office to sign the petition; and
  • Agree to attend the final hearing.

As long as these requirements are fulfilled and a couple’s marital agreement is found to be fair, a judge will usually sign the divorce decree at the final hearing, making the dissolution official.

Contact Our Legal Team for Assistance

Speak with dedicated Fort Lauderdale uncontested divorce lawyer Sandra Bonfiglio, P.A. to discuss your case and initiate the divorce process. A member of our team can be reached at 954-945-7591 or via online message, so please don’t hesitate to call or contact us online today.

 

Resource:

flcourts.org/core/fileparse.php/293/urlt/901a.pdf

https://www.sandrabonfiglio.com/how-your-tax-obligations-may-change-upon-finalizing-your-divorce/

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