In the State of Florida, many couples will choose to file for what is called an “uncontested divorce”. There are a lot of questions about uncontested divorces in our state, many of which we hope to clear up today.
Is an Uncontested Divorce the Same as a Simplified Divorce?
No. While both are more cost effective and less painful than a regular or contested divorce, there are certain requirements involved in a simplified divorce which can complicate the process.
What Are the Requirements for Filing an Uncontested Divorce?
In order to file an uncontested divorce, both spouses must agree on the following:
- Both parties want to be single
- Both parties agree on the division of property
- There is no dispute about alimony
- All other issues have been settled
- All parties are willing to sign all documents (including completing a “Financial Affidavit”)
- Both spouses agree to attend the final divorce hearing
- One spouse has lived in Florida for at least six months prior to filing
If any condition on this list is not satisfied, then you cannot have an uncontested divorce and must file for a “regular” divorce or a “contested divorce” where the courts will help with mediation.
What If the Wife Is Pregnant?
If the wife is pregnant, you cannot have an uncontested divorce.
Should I Hire an Attorney?
A family law attorney will help both you and your spouse file the necessary paperwork faster and on time. Ideally your divorce will be finalized in approximately forty-five days with the help of a family law attorney.
It is important that both spouses are sure that they are in full agreement prior to signing for an uncontested divorce. A family law attorney will help clarify many forgotten points which could cause a parent to regret filing an uncontested divorce, such as if you will be able to relocate with your child after a divorce, or who will be paying your child’s car insurance once he or she is old enough to drive.
The Anton Family Law Group is dedicated to helping couples and families come to amicable and fair terms during the divorce process so that they are ready to move on and start anew. We offer free consultations to anyone who is facing a divorce or who is interested in filing.
To discuss your unique situation, we welcome you to give us a call at (813) 443-5249.