Experienced Legal Advocates for Women
Not every divorce lends itself to a lengthy, complicated process. In cases where spouses agree on some of the most contentious issues, such as spousal support and property division, they may be able to request an uncontested divorce. An uncontested divorce is a much simpler legal process, given the lack of disagreements.
Florida’s Requirements for an Uncontested Divorce
Not all divorcing couples are eligible for an uncontested divorce. To obtain this simplified dissolution of marriage, the following requirements must be met:
- Wife is not pregnant
- There are no children, adopted or otherwise, under the age of 18
- One spouse has lived in Florida for at least 6 months
- Spouses agree on the division of property and debt
- Neither is seeking spousal support
- Both agree the marriage is unsalvageable
For couples who would like to quickly end their marriage and are on amicable terms, an uncontested divorce might be the ideal option, assuming they meet the aforementioned requirements. Unlike a contested divorce, an uncontested divorce in Florida allows spouses to waive the requirement of filing a financial affidavit, saving a lot of time and trouble.
How to File
Preparing the Paperwork
To obtain an uncontested divorce, a spouse must first prepare a “Petition for Simplified Dissolution” and file it with the circuit court clerk’s office for the county in which either spouse resides. Additionally, even though spouses might agree on all issues in such cases, it is still important to put these agreements in writing, and for each spouse to sign it, so that it can be included in the petition.
Spouses should also fill out a “Final Judgement of Simplified Dissolution of Marriage” for the judge to sign upon the divorce’s finalization.
Even in an uncontested divorce, spouses will be required to appear in court for a brief hearing, which is usually arranged not long after a spouse files a petition for divorce. The judge will ensure that one or both spouses have lived in Florida for at least 6 months, which can be proven with a drivers’ license or a witness who has knowledge of a spouse’s residency.
If the marital settlement agreement has still not be signed, the judge will allow both parties to orally agree to it during the hearing.
Call Florida Women’s Law Group to Discuss Your Legal Options
Even in amicable situations, it is important to have legal representation at your side to ensure the divorce process goes smoothly and your interests are protected. At Florida Women’s Law Group, we advocate for women in the divorce process and are well-prepared to help our clients understand their rights, know their legal options and pursue the best way forward. Our skilled legal team has over 40 years of combined experience and are dedicated to providing compassionate and effective representation to guide you through your divorce so that you can move forward with a new and vibrant chapter in your life.