The Steps in an Uncontested Divorce
While ending a marriage is never easy, divorce doesn’t have to involve a bitter, drawn-out courtroom battle. In fact, if a couple can agree on all of the terms of divorce and also meet other requirements, then they could be eligible for an uncontested divorce. These types of divorces tend to be resolved much more quickly than contested proceedings, which require many court hearings and the intervention of a judge.
Meeting the Residency Requirement
To qualify for an uncontested divorce in Florida, a couple must satisfy the residency requirement, which means that either party must have lived in the state for at least six months before filing for divorce. Couples who don’t quite meet this requirement can use the extra time they need to establish their residence to gather their paperwork, so that they will be ready to file when they do become an official resident of the state.
Agreeing on the Grounds for Divorce
Florida is a no-fault state, which means that unlike in prior decades, couples are no longer required to prove that one or the other was at fault for the end of the marriage in order to obtain a divorce. Instead, divorcing spouses need only agree that their marriage is irretrievably broken due to irreconcilable differences and that reconciliation is not possible in order to begin the process of legally ending their marriage.
Drafting a Marital Settlement Agreement
Couples who satisfy the eligibility requirements for an uncontested divorce will still need to outline the terms of their divorce in a marital settlement agreement. This in turn will require that the couple reach an agreement on issues like property division, alimony, and if the parties share children, child custody and support. Even those who completely agree to all of the terms of their divorce should still consider working with a lawyer who can ensure that the agreement is in the parties’ best interests, drafted properly, and if approved, will be legally binding.
Seeking Approval from the Court
Couples who have reached an agreement on the terms of their uncontested divorce must then file their divorce papers with the court, including a petition, a financial affidavit, and a copy of the marital settlement agreement. Unless the parties qualify for a simplified dissolution, then the petitioning spouse will need to file the papers (and a summons) with the other spouse. In an uncontested divorce, this usually involves an Acceptance and Waiver of Service of Process by Sheriff, as well as the submission of an Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage. In this way, the other spouse basically agrees to the divorce petition and waives the need for any further notice of proceedings. Once the court has approved the marital settlement agreement and the 20 day deadline has passed, the parties can obtain a finalization of their divorce.
Do You Qualify for an Uncontested Divorce?
To learn more about Florida’s uncontested divorce process from a dedicated Clearwater divorce attorney, please call Cairns Law at 727-683-1472 today.
Sources:
flcourts.gov/content/download/685807/file_pdf/901a.pdf
forbes.com/advisor/legal/divorce/florida-uncontested-divorce/
