Dissolving a marriage often involves a heated exchange, with the parties involved spewing insults and more at each other. However, it does not have to be that way. A divorce can be finalized without contention. Therefore, you may seek an uncontested divorce if you want to end your marriage civilly and inexpensively. In Florida, couples can agree on how they want to separate easily, following the right procedures.
Uncontested Divorce: The Different Avenues for Getting One
You can get an uncontested divorce using two different avenues in the state of Florida. In both avenues, however, there is a residency requirement: at least one spouse must have lived in Florida for six months before filing. Here are the other avenues you can take to get an uncontested divorce in Florida:
Regular Marriage Dissolution
To get regular marriage dissolution, there must be mandatory financial disclosures. Also, couples taking the regular marriage dissolution route with children must undergo a parenting class.
You would typically need to retain lawyers to handle a regular marriage dissolution case. That is because the cases can involve hearings with evidence, witnesses, and cross-examination, which only attorneys can handle.
Simplified Marriage Dissolution
Simplified marriage dissolution is the faster method of the two dissolution methods, and it can only be sought in uncontested cases. However, to be qualified for this marriage dissolution method, couples must meet certain criteria:
- They must unanimously agree to use the simplified method
- They have agreed that the marriage is irretrievably broken and saving it is impossible
- They are united in their decision on how to divide their debts and assets
- No minors and dependents are involved, and no spouse is pregnant
- They have agreed not to seek alimony
Can You Get an Uncontested Divorce in Florida Without a Court Appearance?
In Florida, couples can prepare and file divorce papers online, regardless of their route for marriage dissolution. Moreover, filing divorce papers online saves time, money, and energy.
“However, getting an uncontested divorce in Florida without a court appearance is can occur; couples usually appear for a final court hearing but sometimes this is waived depending on multiple factors” says Attorney Samah T. Abukhodeir of The Florida Probate & Family Law Firm. Nevertheless, if the judge grants a default divorce, only the petitioner is expected to attend the hearing. Default divorce hearings often occur when a respondent never filed an answer or cannot be found.
The Steps Involved in Getting an Uncontested Divorce in Florida
Divorce cases are not all the same. The specifics of your case will affect the steps involved in getting an uncontested divorce. Generally, however, these are the steps to take to obtain an uncontested divorce in Florida:
- Draw up a parenting plan and ensure you both agree on property, alimony, and children
- Decide the avenue of uncontested marriage dissolution you want to take: regular or simplified
- Give the respondent time to file an answer, waiver, and ask for a judgment copy
- Follow all court instructions and grant every request – like the instruction to attend a parenting course if you have children
- If the twenty-day waiting period has not elapsed, sit through it; and
- Attend the final hearing and obtain a copy of the judgment to keep for yourself
Conclusion
Are you looking to have an uncontested divorce in Florida, with or without children involved? Understanding how Florida divorce laws work can make the process simpler; a seasoned lawyer can help in that area.
