What are the Basics of an Uncontested divorce?

Before talking about the basics of an uncontested divorce, it is important to understand what an uncontested divorce is. An uncontested divorce, in the words of Find Law, “An uncontested divorce is a divorce decree where neither party is fighting. When both parties in the married couple agree to divorce, filing for an uncontested divorce can save time and money through streamlined court procedures.” Sometimes known as a “simple divorce,” an uncontested divorce will provide a couple with a faster and cheaper method of dissolving their marriage without necessarily the need for an attorney. In a contested divorce, parties disagree about many things, and it takes mediation or a judge’s ruling to settle the outcomes.

Each state will have its rules and guidelines involving when an uncontested divorce can be filed for. And, interestingly, in Florida, an uncontested divorce is referred to as a simplified dissolution. This article will focus on Florida’s procedures for a simplified dissolution, i.e., an uncontested divorce. Here are the important things you must know to file for and obtain a simplified dissolution in Florida:

• Either or both spouses must have lived in Florida for at least six months.
• No real property, real estate, can be a part of the marriage
• No minor children, children from birth to l8, or those unable to support themselves can have been adopted or born to the divorcing couple. Neither party can be pregnant.
• There can be no issues needing a court decision
• Florida is a no-fault state, so no reason for the dissolution is necessary. However, both parties must agree without coercion that the marriage cannot be saved and is irretrievably broken.
• The couple must understand if the simple form of dissolution is used, they give up their rights for a trial or an appeal.
• Financial information from each party will be required in the form of each party filling out a financial disclosure.
• Both parties must agree on how the marital assets and liabilities will be divided. Pensions are considered marital property. Unfortunately, if a party does not follow through with the agreed distribution, there is no legal recourse to force the other party to conform.
• No alimony can be ordered.
• Both parties must go, though not necessarily together, to the courthouse to sign the dissolution petition.
• At the final day before the judge, both parties must be present.

The steps you will need to take to obtain a Florida Simplified Dissolution:

• The forms you will need to fill out can be downloaded or obtained at the clerk of court’s office at the county of residence.
• When the forms have been filled out, one party will meet with the clerk of court to prove residence with a driver’s license or a sworn statement of a witness.
• You can file a petition for simplified dissolution once the forms have been filled out and the fee paid. If you are indigent, you may qualify for a payment plan.
• A court date will then be set where both parties will meet with a judge. You will be required to answer some questions, and both agree that the marriage is irretrievably broken. At this time, you can change your name to what it was prior to your marriage.
• In most cases, the judge will grant the divorce, and several days later, you each will receive a certified copy of the dissolution of marriage.

As mentioned earlier, it is not necessary to have an attorney to represent you. However, the advice of a Family Law legal professional is often helpful, even when seeking a simplified dissolution of marriage.