The Benefits of an Uncontested Divorce
Many people think that divorce has to be a combative and bitter experience. Fortunately, that is not the case. Couples who can reach an agreement regarding the terms of the divorce can get an uncontested divorce. The terms of divorce include property division, time-sharing, child support, alimony, and more. Florida law places specific requirements on these divorce and even when a couple fulfills them, it does not mean that an uncontested divorce is necessarily a good fit. Below, our Orlando uncontested divorce attorney explains in greater detail.
Why Get an Uncontested Divorce?
Uncontested divorces have many benefits that contested cases do not. These include:
- Reduced cost: Fewer court filings and legal hours spent on the case result in lower court costs and attorney fees.
- Faster: Unlike contested divorces, which can take several months to one year or longer, uncontested cases are typically resolved in a matter of weeks.
- Greater control: Spouses who can agree to the terms of divorce have greater control over the process than those who leave all final decisions to a judge.
- Reduced conflict: Uncontested divorces are quite cooperative in nature, which can reduce emotional strain and tension between the two parties. This is particularly helpful if the two sides will have to co-parent together post-divorce.
- Confidentiality: With fewer court filings and hearings, many personal matters do not become part of public record.
What are the Requirements for Uncontested Divorces in Florida?
State law places many requirements on uncontested divorces in Florida. These are as follows:
- At least one spouse must have lived in Florida for at least six months.
- Both parties must agree that the marital relationship is irreparably broken.
- Both spouses must agree to all terms of the divorce.
- Both spouses must be willing to appear in court, if necessary, and to sign the divorce papers.
Some couples may qualify for a simplified dissolution of marriage. This process is even faster but there are even more requirements. Couples cannot have children together, neither party can pursue alimony, and each spouse must waive their right to a trial and appeal.
When is Uncontested Divorce Not Right?
While uncontested divorces have many benefits, they are not a good fit for everyone. Couples may need to obtain a contested divorce if the following are true:
- Either party has a history of domestic violence
- One spouse is refusing to disclose financial records or is hiding assets
- The couple cannot agree to even one term of the divorce
- One spouse refuses to participate in the process or sign the divorce papers
Even when a case starts as uncontested, the process can become contested at any point.
Our Uncontested Divorce Attorney in Orlando Today
Uncontested divorces do have many benefits and working with an Orlando uncontested divorce lawyer can help you realize them. At Anderson & Ferrin, P.A., our experienced attorney can help you determine if you meet the requirements, are a good fit for uncontested divorce, and guide you through the process so you obtain the best outcome possible. Call us now at 407-412-7041 or contact us online to request a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
