What is an Uncontested Divorce in Florida?
If you’re considering getting a divorce in Tampa, FL, you may have run across the term “uncontested divorce.” But what exactly does it mean and how does it fit into the broader category of divorce in Florida?
An uncontested divorce is when you and your soon-to-be former spouse agree on all aspects of your divorce. This includes property division, debts, child custody, and alimony, as well as the ground for the divorce. This method is contrasted against a contested divorce in which multiple elements of the divorce are still up for dispute. Contested divorces generally require the intervention of the courts to make key decisions on behalf of the couple. In an uncontested divorce, the courts will generally sign off on whatever agreement the couple comes to. The one issue up for review involves child custody. The courts must determine that the agreement is in the best interests of the children.
The key benefit of an uncontested divorce is that it allows you to finalize your divorce faster, easier, and considerably cheaper than a contested divorce. Uncontested divorces require significantly less legal fees, court fees, and court intervention.
Nonetheless, uncontested divorces still require the aid of an experienced family lawyer. Paperwork, forms, procedures, and hearings are still possible even if you and your spouse agree in principle to all aspects of the divorce. The aid of an experienced divorce attorney can prove invaluable.
The uncontested divorce process in Florida
There are several steps when filing for an uncontested divorce in Florida. These include:
- Filing the petition
The first step in an uncontested divorce is to file a “Petition for Dissolution of Marriage” with the appropriate court. The petition will formally ask a judge to dissolve the marriage. You will need to gather specific documents like financial affidavits, disclosure of income, assets, debts, and copies of your prenuptial agreement (if it exists), and supply the court with a parenting plan.
You will also need to pay Florida’s court filing fee, legally serve the respondent spouse with a summons and copies of any document you filed with the court. This service is usually performed by a process server.
- Reaching a marital settlement agreement
In an uncontested divorce, the couple has agreed to all terms related to the divorce including equitable distribution of the marital estate, alimony, child custody, and child support. If you and your spouse can agree on all terms related to the divorce, you can proceed with an uncontested divorce in Florida.
- Final divorce hearing
Once you’ve completed and filed your petition, financial affidavits, parenting plan, MSA, and any other required divorce forms, the court will schedule a final hearing. You and your spouse must prove to the judge that your marriage is “irretrievably” broken and that you will never reconcile your differences. Your proposed marital settlement agreement will be approved if the court deems that the judgment is equitable.
Talk to a Tampa, FL Divorce Lawyer Today
Westchase Law, P.A. represents the interests of couples seeking divorce in Tampa, FL. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your goals right away.
