The Three Types of Divorce in Florida
Everyone knows the term ‘divorce’ refers to when a couple is legally married and they formally end the relationship. However, many people do not understand that in Florida, there are many different types of divorce. While many people think divorce has to consist of a long and bitter courtroom battle, this is not always the case. In fact, only a minority of divorce cases end up in the courtroom. There are three main types of divorce in Florida. Below, our Orlando divorce attorney explains what these are in greater detail.
Uncontested Divorce
An uncontested divorce is one in which the couple can agree to all the different terms of the case. These may involve property division, alimony, child custody, and other issues. A couple does not have to immediately agree to all terms when getting an uncontested divorce. Their attorneys may have to negotiate until an agreement is reached that is agreeable to all parties.
Uncontested divorces are much quicker than contested cases. Uncontested divorces in Florida usually take between two and six months. Due to the fact that there are minimal court and filing fees, uncontested cases are also more affordable. Lastly, because both parties agree to the different terms of the case, uncontested divorces are more amiable. This is particularly beneficial when a couple will have to co-parent together after the divorce is final.
Contested Divorce
A contested divorce is one in which the couple cannot agree to the different terms. If a couple cannot reach an agreement about even one term of the divorce, it becomes a contested case. In these instances, the couple will have to go to court and allow a judge to make the final decision. If a couple only disagrees on one or two terms, the judge may only decide on these matters and allow the spouses to reach an agreement on the other issues.
It is true that contested divorce cases take longer, are more expensive, and are generally more combative. Still, sometimes it is necessary to go to court to ensure your rights are upheld. A contested divorce can take one year or longer.
Simplified Dissolution of Marriage
The fastest way to get a divorce in Florida is through a Simplified Dissolution of Marriage, but not all couples are eligible. In Florida, a Simplified Dissolution of Marriage takes approximately 30 days from the time the petition is filed to the time the divorce is finalized. To qualify, the couple cannot have any children, there can be no pregnancies involved, and neither party can pursue alimony. Like an uncontested divorce, the couple must also agree on the division of marital property.
Our Divorce Attorney in Orlando Can Advise You of Your Options
If you are thinking about dissolving your marriage, our Orlando divorce attorney can help. At Anderson & Ferrin, P.A., our experienced attorney can explain your options, help you determine which type of divorce is right for your situation, and guide you through the process so you obtain the best possible outcome. Call us today at 407-412-7041 or fill out our online form 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
