Even an uncontested divorce that is meant to be amicable can be stressful and complicated as the necessary legal steps are taken to end a marriage. Your planning for the division of marital assets, child support, custody and visitation, and other issues will benefit from reliable and dispassionate guidance from an experienced Florida divorce attorney.
At Florida Law Advisers, P.A., we prefer a collaborative divorce when feasible. We work with you and your spouse and their attorney to help reach the best possible outcome. We focus on our duty to protect our client from the financial harm and further estrangement from family members that a divorce can cause if not properly negotiated. We can bring our substantial legal experience to your uncontested divorce to ensure that the process moves along smoothly and that your interests are protected.
Contact Florida Law Advisers, P.A., to discuss your divorce plans. If you engage our Tampa divorce attorneys, we will give you our personalized attention while acting as steadfast advocates for your rights and interests. Call today.
What Is an Uncontested Divorce?
In an uncontested divorce, both spouses have agreed to end the marriage and reached an agreement on all terms required to obtain a divorce under Florida law.
if you and your spouse can resolve all issues and do not have to argue any disputed issues in court, you may have an uncontested divorce. You will present the court with a marital settlement agreement that has all issues worked out and is ready for a judge to review and ratify. A marital settlement agreement must be fair to both parties to be accepted by the court.
What Are The Requirements For An Uncontested Divorce in Florida?
Florida is a no-fault divorce state. No one has to prove the other spouse was at fault to obtain a divorce, but you must resolve issues pertaining to the following:
- Division of marital assets and debt, which is required by law and must be equitable
- Child custody and visitation, which is required if the couple has children younger than 18 years old
- Child support, which is required of each parent if the couple has children younger than 18 years old
- Provision of alimony, which is optional.
If you have no underage children and neither of you needs spousal support, then developing a plan for the equitable division of property and repayment of debts that you acquired as a married couple is the task required to obtain a divorce. The division of property, assets, and debt is one of the most challenging aspects of the divorce process and a frequent source of conflict. An experienced divorce lawyer at Florida Law Advisers can help you understand what is reasonable to expect in the division of assets and debt and negotiate on your behalf for an equitable division of marital assets and debts.
Simplified Dissolution of Marriage in Florida
Florida law provides a more streamlined divorce process known as a “simplified dissolution of marriage” for couples who meet certain requirements. This proceeding does not require you to provide financial information or to follow the usual legal process for divorce.
Simplified dissolution of marriage was designed so that an attorney’s assistance might not be necessary. However, you will be responsible for filing all necessary documents correctly, and both spouses will be required to appear before a judge together for the final dissolution of marriage to be granted.
You can file for a simplified dissolution of your marriage if you meet these requirements:
- You and your spouse agree to a simplified dissolution of marriage
- Neither of you is pregnant when you file
- Neither of you wants alimony
- At least one of you has lived in Florida for six months
- You and your spouse don’t have minor or dependent children
- You both agree that salvaging your marriage isn’t possible
- You and your spouse agree on the division of your assets and debt.
Why You Need a Lawyer for an Uncontested Divorce
As your attorneys, Florida Legal Advisors will advise you and advocate for you as you negotiate a marital settlement agreement with your spouse, who should be represented by their own attorney. We can draft and file the documents necessary to obtain a divorce in Florida. An attorney’s familiarity with the local county court’s forms and with Florida’s divorce laws helps ensure the forms are correct and filled out completely when submitted.
Prior to negotiations with your spouse and their attorneys, we will discuss your desires and needs so we will be able to keep discussions and decisions on track toward meeting your goals. If you have a prenuptial or postnuptial agreement or have already received a proposed divorce settlement, we will review it and discuss its fairness and implications with you.
Decisions made during the divorce proceedings can have both short- and long-term impacts on your finances, including tax obligations and retirement funds. If you have children, the terms of your marital settlement agreement will have an impact on them and your relationship with them.
A marriage settlement agreement that fails to provide proper legal protections could cost you your home and/or your financial interest in it, a substantial portion of your income, or other assets and possessions. You might lose the flexibility of spending time with your children on your terms.
When you attend your divorce hearing, the proposed settlement agreement must pass muster with the judge. If it is not fair to both parties or does not meet legal requirements, the judge will make decisions for you.
We will help you understand the potential consequences of what you are seeking and of your spouse’s proposals for an uncontested divorce marital settlement agreement. Our advice to you will be based on what’s best for your children if you have underage children as well as for you and on our understanding of the future you want for yourself and your family.
We can guide your uncontested divorce toward a fair and proper marital settlement agreement followed by an expedient final hearing to dissolve your marriage.
What Are the Benefits of Pursuing an Uncontested Divorce?
If you and your spouse can settle your divorce without a legal battle, it is to your advantage to do so, and will be less expensive. An uncontested divorce offers:
- Lower stress for each spouse, their children, and other loved ones.
- More control over the terms of the divorce rather than having a judge impose terms.
- A faster process toward the final dissolution of your marriage.
- A better relationship with your former spouse after the divorce. That is especially important if you have children and will need to make parenting decisions
- A higher likelihood that each spouse will comply with the terms of the divorce.
- Privacy because the details of your divorce are not aired in open court.
- Lower costs because a less complicated divorce requires less time and effort from your attorneys.
When an Uncontested Divorce Becomes Impossible
Even in an amicable divorce, the couple must address and resolve complex issues. If you and your spouse reach an impasse during settlement negotiations, we will do everything possible to help you resolve your disagreements.
We can refer you to professional mediation. In mediation, a specially trained, independent third party will work with you and your spouse to help you resolve unsettled issues. Mediators do not make decisions. But mediation does offer the opportunity to work things out and avoid leaving decisions up to a judge randomly assigned to your case.
If you cannot resolve all the issues in dispute, you will have a contested divorce. We will continue to stand up for your interests as we work to resolve disputes through negotiation when possible. Your Florida Law Advisers’ attorney will be prepared to argue your case in court to advocate for your needs. You will have a skilled and aggressive advocate on your side.
Contact Our Tampa Uncontested Divorce Lawyer
Regardless of whether you and your spouse are seeking an uncontested divorce or facing a contested divorce, you need an experienced divorce attorney to guide you and help you make forward-looking decisions. Florida Law Advisers, P.A., understands that the terms negotiated for your divorce will affect your future and your loved ones’ future for many years to come. We can provide you with trusted legal advice and counsel to help you make life-changing decisions with your future in mind.