Under most circumstances it is not a decision that is entered into lightly and the results are certainly life-changing, but if a couple concludes they should dissolve their marriage one of the most cost effective and minimally invasive routes in the State of Florida would be through an uncontested divorce. All this method requires is that both parties hammer out the details of their financial interests between themselves rather than involving the court system. Seems pretty straightforward, right?
When The Time Is Right for Uncontested Divorce
Certainly there are a myriad of situations where an uncontested divorce would appear to be the best choice but here are several scenarios that are the most common:
When the two parties involved, namely you and your spouse, are both in utter accord about dissolving the marital bonds and are on the same page about dividing any assets, property or monies. An uncontested divorce is definitely not the best option if there is resentment, anger or simply extreme discord between the two parties.
If the husband and wife truly want what is best for each other or have no ulterior aims to procure property or funds at the other’s expense. If there is even the slightest feeling of distrust on either side, the parties should contact an attorney for representation and forego an uncontested divorce.
In cases where child custody is agreed upon and if financial issues are not too complex to easily remedy. Again, if there are problems that are not appropriately worked out prior to establishing arrangements for the children’s care or even if there is a large amount of debt or a pension plan that is very complicated, another route should be selected.
When To Not Pursue An Uncontested Divorce
In the State of Florida, there are situations where an uncontested divorce would not be applicable or even possible. Examples of this are:
One party is the main breadwinner and possesses considerably higher assets than the partner. Or if both husband and wife have extensive financial assets that could be difficult divide appropriately.
The marriage is characterized by physical, mental, or verbal abuse. If one spouse or both engage in this sort of detrimental activity or have in the past, it’s best to seek representation.
There is so much hostility, resentment and anger between husband and wife they are unable to communicate with one another in a civil fashion if at all.
If husband and wife vehemently disagree on a suitable custody arrangement, who will be awarded what property or if alimony will be a part of the settlement agreement.
If one party does not want to divorce and is still intent on keeping the marriage intact for whatever purpose.
What Is the Procedure For An Uncontested Divorce?
In Florida, once a couple has decided to divorce, they would discuss all the arrangements that would apply to their specific situation. Examples of what needs to be settled include:
Who will receive what funds, pensions, insurance premiums, stocks, bonds, and any other financial assets that were acquired during the duration of the marriage.
If there is any debt, which party will be accountable for making sure said debt is paid in full.
What is required of each party to have the appropriate person’s name removed from property, such as a vehicle, that is jointly owned?
If there is a child or children from the union, how would both parties like to divide custody?
Since parenting is undoubtedly one of the toughest jobs anyone will ever undertake, how will you and your spouse continue to parent? Will the separation cause any disagreement or will it alter how the children are currently supervised and cared for?
Will there be a stringent visitation schedule or would it be best for both parties to employ a more fluid situation where they work out time slots regularly depending on everyone’s schedules?
Will one spouse be entitled to receive spousal support or alimony how much will the sum be and it will be one lump sum or paid over a certain allotted period of time? Also, when will these payments cease?
If both parties can strike an accord on these major issues which arise from terminating a marriage, but are still not right on point on several issues, the services of an attorney or a divorce mediator could be used to determine the final version of your marital separation agreement. If any questions still persist, you can employ a divorce lawyer simply to review the details of the agreement and provide assistance if necessary.
Filing for an Uncontested Divorce in Florida
To file for an uncontested divorce in Florida, the couple will have to submit a Petition for Dissolution of Marriage with the appropriate court. Once this paperwork is processed, a judge will review the marital separation agreement in a very short hearing. After entering the paperwork, an uncontested divorce in Florida can be obtained in less than five weeks.