What is an Uncontested Divorce?

An uncontested divorce occurs when both parties agree on all aspects of the divorce. This agreement means there is no dispute over asset division, debt allocation, alimony, child custody, and child support issues. Because both parties have resolved these matters, divorces tend to be quicker and less expensive than contested ones.

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Benefits of an Uncontested Divorce

An uncontested divorce offers several key benefits:

  • Speed: Without disputes, the divorce process moves faster. This speed reduces the emotional and financial toll on both parties.
  • Cost: Contested divorces often involve extensive legal fees due to prolonged court proceedings. An uncontested divorce minimizes these costs, making it a more affordable option.
  • Privacy: Court records for contested divorces are public. In contrast, uncontested divorces can often keep personal matters more private since there are fewer court appearances.
  • Reduced Conflict: By agreeing to the divorce terms, both parties can maintain a more amicable relationship, which is crucial when children are involved.

Steps to Obtain an Uncontested Divorce in Florida

To pursue an uncontested divorce in Florida, follow these steps:

  • Meet Residency Requirements: Florida law requires that at least one spouse has lived in the state for at least six months before filing for divorce.
  • Prepare and Submit Legal Documents: Both parties must prepare and file a Petition for Dissolution of Marriage. Since this is an uncontested divorce, they will also file a marital settlement agreement outlining their decisions on various issues, such as property division and child custody.
  • Complete Financial Disclosures: Florida law requires both parties to provide full financial disclosure. These disclosures ensure that both parties understand each other’s assets and liabilities, which is critical for fair division.
  • Parenting Plan: When couples have children, they must create a parenting plan that outlines custody arrangements, visitation schedules, and decision-making responsibilities. Both parents must agree to this plan.
  • Final Court Hearing: An uncontested divorce avoids lengthy trials, but a short court hearing is still necessary. The judge reviews the paperwork to ensure it meets legal standards and that both parties agree. If satisfied, the judge grants the divorce.

Common Questions Uncontested Divorce

How Long Does an Uncontested Divorce Take?

The timeline varies depending on the court’s schedule and the completeness of the paperwork. On average, an uncontested divorce in Florida can conclude within a few weeks to a few months.

Can We Use the Same Attorney?

While one attorney can help draft documents and provide general guidance, they cannot provide legal advice to both parties due to conflict of interest rules. It's often advisable for each party to seek independent legal advice to protect their interests.

What if We Disagree Later?

If parties agree and receive an uncontested divorce, but disputes arise later, they may need to return to court to modify the agreement. This situation often occurs with child custody or support issues. It's crucial to have clear and thorough agreements to minimize future disputes.

Benefits of Uncontested Divorce

Uncontested divorce in Florida offers a less stressful and more cost-effective option for couples who can agree on the terms of their separation. By coordinating the process, both parties can move forward without delay and with fewer complications. For those considering this route, consulting with a qualified, uncontested divorce attorney in St. Johns, FL,  can trust the process will conclude with little delay and in a positive way. 

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Florida Women’s Law Group

We founded the Florida Women’s Law Group, hoping to empower women seeking divorce. Women should have the support and guidance to navigate this complicated process. We strive to provide personalized and compassionate legal services to all our clients and are committed to ensuring that our clients receive the best possible outcome.

Our experienced, uncontested divorce attorneys in St. Johns, FL, can help you understand the legal aspects of your case and work with you to create a fair and amicable agreement. With our expertise, we can guide you through every step of the process, from drafting the necessary documents to representing you in court if needed. To schedule a consultation with our legal team, You can use our convenient message form on our website to begin your journey.

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