Uncontested Divorce In Florida
When spouses are able to agree on the vast majority of the issues regarding their dissolution of marriage, an uncontested divorce may be the optimal choice. This type of divorce can reduce stress, save time, and allow spouses to preserve their assets. Despite the seemingly independent nature of uncontested divorce, however, divorcing spouses still require the experienced legal assistance and guidance of a Sarasota divorce attorney to ensure the protection of their rights. If you’re filing for divorce in Florida, consult with our family law firm.
What Is An Uncontested Divorce?
Married couples seeking a divorce have a number of options regarding the types of divorce available within the State of Florida. In an uncontested divorce, separating spouses must amicably agree and negotiate without issue the terms and conditions of the marriage, including alimony and the distribution of marital assets, among a wide range of factors. As with traditional divorce, uncontested divorce, or simplified dissolution of marriage, requires spouses to file a divorce petition and present each of their cases within a court of law.
What Are The Requirements For Uncontested Divorce?
Not every couple is eligible for uncontested divorce. Experienced family law attorneys note that there is a wide range of specific requirements to which spouses must fulfill in order to achieve a simplified dissolution of marriage, including the following.
- Both spouses both wish to have a simplified dissolution of marriage
- One or more spouse must reside within Florida for at least six months
- Parties must mutually agree to cooperate and come to a consensus
- Neither spouse may have a minor child less than 18 years old
- Neither spouse may have a dependent child over the age of 18
- If children are involved, parties must create a mutual parenting plan
- Neither spouse is pregnant during the divorce process
- Neither spouse is seeking or plans to file for any form of alimony
- Both parties agree to surrender the right to a trial or to an appeal
- All aspects of divorce and marital asset distribution are agreed upon
How Are Marital Assets Distributed In Uncontested Divorce?
During an uncontested divorce, Florida courts are typically not required to determine the division of marital property, child support, and a number of other factors commonly presided over by family courts during divorce. If spouses are willing to negotiate with their partner, they both may choose how best to divide the marital property. Regarding the manner in which these assets, debts, and property will be divided, spouses may agree to divide assets and debts equally and in accordance with each party’s earnings and contributions or according to which party was responsible for the accumulation of earnings and debts.
What Are The Advantages To Uncontested Divorce?
Uncontested divorces can be an extremely valuable means of reaching a settlement between spouses. Under the guidance of an experienced uncontested divorce attorney, former spouses will experience an overall easy process. One of the most beneficial factors of an uncontested divorce is that it is inexpensive. Instead of spending numerous funds on costly court proceedings, hearings, and litigation, spouses have the option of settling with their former partner in a private meeting with an experienced Sarasota family attorney, which helps to minimize pressure and tension. Contact us for a case evaluation today.