What is an Uncontested Divorce in Florida

1. What is an Uncontested Divorce in Florida Divorce is a process that nobody wants to go through; its legal, emotional, and familial implications are often devastating, after all, who wants to fight over who gets what? Luckily, “fighting” is not always necessary, as we’ll explain shortly. Divorce processes can be either contested or uncontested. In contested divorces, couples cannot agree on certain issues and have to “battle it out” with a lawyer before the judge, which not only is a long process, but it also tends to be expensive. Uncontested divorces are a different matter altogether, as long as both parties agree on how to settle matters. What is Uncontested Divorce? Simply put, Uncontested Divorce Florida is a way for married couples to get a divorce without having to go to trial. This means that if the couple agrees on how to settle things like custody, child support, division of property, debt, and alimony, then they can opt to through an uncontested divorce. In Florida, there are two options for an uncontested divorce. The first option is called “Simplified Dissolution of Marriage”, only available for couples who do not have minor children, and who agree that the marriage is irretrievably broken. The second option is a regular dissolution of marriage, which for all intents and purposes is going to proceed as “uncontested”. Who Qualifies for Uncontested Divorce? To qualify for an Uncontested Divorce in Florida, two requirements must be met. First, one of the spouses must have lived at least 6 months prior to filing the petition for divorce. Second, there must be a legal reason for seeking the divorce, which is not really a complication, because Florida is a no-fault state, meaning that one of the spouses must only allege that the marriage is irretrievably broken. How Long Does the Process take? From the time you file your petition before the judge, there is a mandatory waiting period of 20 days before the petition can be granted. In short, by the time all the paperwork has been reviewed and the court dares have been settled, most uncontested divorces take about 2 to 3 months to be finalized.

2. If a couple files for a divorce on their own, without the assistance of an attorney, delays may be made on behalf of mistakes or overlooked steps, which is why we recommend the assistance of a lawyer who will help throughout the process. Contact Us: PHONE 407-335-8113 HOURS Mon-Fri: 9am – 5pm ADDRESS Orlando and Winter Park EMAIL Scheduling@jjlawfl.com