Skip to content

How one can Get an Uncontested Divorce in Florida: FAQ

Dissolving a wedding does not should be contentious. When you’re contemplating divorce however wish to hold issues civil and cheap, it’s possible you’ll search an “uncontested” divorce. Florida permits {couples} who agree on methods to separate to take action simply. These solutions to regularly requested questions on Florida’s uncontested divorce procedures will assist you plan your subsequent steps.

What Is an Uncontested Divorce?

In an uncontested divorce, the spouses agree on the separation and its phrases. In different phrases, events are on the identical web page in relation to dividing marital property, deciding on a toddler custody and help association (if relevant) and agreeing to not search alimony. A “contested” divorce, alternatively, means there may be disagreement on a number of points that requires a courtroom’s involvement. Disagreements will be concerning the separation itself, youngster custody, alimony, division of property and extra.

Is There Extra Than One Strategy to Get an Uncontested Divorce?

There are two avenues to an uncontested divorce in Florida. Each have a residency requirement: A minimum of one partner will need to have been a resident of Florida for six months previous to submitting.

Simplified Dissolution of Marriage

The quicker methodology is the “simplified dissolution of marriage,” which might solely be sought in uncontested instances. {Couples} should meet the next standards:

  • They comply with use the simplified methodology
  • They agree the wedding cannot be saved (ie, it’s “irretrievably damaged”)
  • There are not any minor youngsters, no dependents and neither partner is pregnant
  • They agree on methods to divide all property and money owed
  • They agree to not search alimony

One partner (the “petitioner”) information the types and the opposite partner (the “respondent”) has 20 days to file a solution. The divorce could also be granted by default if the respondent fails to file a solution by the deadline. Respondents can file a doc referred to as an “Reply, Waiver, and Request for Copy of Judgment” to sign they comply with the separation phrases and need the divorce to maneuver ahead.

Common Dissolution of Marriage

{Couples} who do not meet the above standards — for example, if they’ve minor youngsters — can search a “common dissolution of marriage.” The most important distinction with the common methodology is its requirement of necessary monetary disclosures and a parenting class for {couples} with youngsters. Common dissolutions can even contain hearings with proof, witnesses and cross-examination. Attorneys are recurrently employed to deal with such instances.

On-line Divorce

Whether or not it is a common or simplified dissolution of marriage, Florida permits {couples} to arrange and file divorce papers on-line, which saves money and time. Sadly, you will not get an uncontested divorce in Florida and not using a courtroom look: You have to seem in a ultimate courtroom listening to for a choose to grant the divorce. If a choose is granting a default divorce as a result of the respondent by no means filed a solution and cannot be discovered, then solely the petitioner will attend.

Do I Want an Lawyer for an Uncontested Divorce?

An lawyer will not be required in divorce proceedings, however keep in mind that ending a wedding is rarely easy. Divorce in Florida is not any exception, and an lawyer can determine potential issues in a separation that most individuals cannot. Moreover, most non-lawyers usually are not conscious of their rights underneath divorce legislation and courtroom workers cannot present authorized recommendation in case you get confused.

How A lot Does Divorce Value?

Submitting a petition for any kind of uncontested divorce in Florida features a payment of simply over $400. The state gives a waiver if you cannot afford the submitting payment. You have to present discover to your partner, which requires paying a course of server. This might value round $100 on common.

Value additionally is dependent upon whether or not you rent an lawyer. A daily divorce is dearer due to the additional steps concerned and lawyer charges, typically totaling within the 1000’s even for comparatively straight ahead instances. Required parenting lessons value a small payment as effectively.

Simplified dissolutions embody the time it takes to attract up an settlement for division of property and attend the ultimate listening to, and attorneys charges (if relevant). On-line divorce companies can prevent time, however will add over $100 for the service, plus the preliminary submitting payment.

How Lengthy Does It Take to Get a Divorce in Florida?

Uncontested divorces will be finalized extra shortly than contested divorces, as a result of no ultimate listening to or trial is important. Florida requires a 20-day ready interval after submitting. You are roughly 4–6 weeks for a simplified dissolution if all goes effectively.

Common dissolutions, even when uncontested, can take months as a result of ready interval, necessary disclosure filings, delays in scheduling hearings and registering for and attending the parenting course. These take a minimum of a number of months on common.

Can I Get an Uncontested Divorce if I Have Kids?

If in case you have minor or dependent youngsters or one of many spouses is pregnant you possibly can nonetheless have an uncontested divorce in Florida, however not by means of the simplified course of. You’ll have to file for normal dissolution of marriage and attend a parenting course designed to assist your youngster or youngsters deal with divorce.

How Do I Get an Uncontested Divorce?

Know that each divorce has distinctive challenges that may add additional steps to this course of. It is best to stay versatile and affected person. Usually, these are the steps to acquiring an uncontested divorce:

  1. Ensure you and your partner agree on property, youngsters and alimony. You additionally want to attract up a parenting plan.
  2. File a daily or simplified uncontested divorce petition.
  3. Anticipate the respondent to file a solution, waiver and request for a duplicate of judgment.
  4. Reply to all courtroom directions and requests, and attend a parenting course when you have youngsters.
  5. Sit by means of the 20-day ready interval if it has not already elapsed.
  6. Attend a ultimate listening to and get a duplicate of the judgment to your data.

Authorized Disclaimer: This text incorporates common authorized data, however doesn’t represent skilled authorized recommendation to your specific scenario and shouldn’t be interpreted as creating an attorney-client relationship. If in case you have authorized questions, it’s best to search the recommendation of an lawyer licensed in your jurisdiction.

When you’re trying to file an uncontested divorce, it pays to be ready. The next sources from the Dwelling Media Authorized Providers Group will assist you get a greater sense of your choices in Florida and elsewhere:

Leave a Reply

Your email address will not be published. Required fields are marked *