What Are the Steps in a Florida Uncontested Divorce?
Ending a marriage is never easy. However, divorce does not have to be the long and bitter courtroom battle many people think. If you and your spouse can agree to all of the different terms, including child custody, alimony, and property division, you can get an uncontested divorce. Below, one of our Tampa uncontested divorce attorneys explains further.
Meet the Residency Requirements
All divorces in Florida, whether they are contested or uncontested, have a residency requirement. To get an uncontested divorce, you or your spouse must have lived in the state for a minimum of six months before you are eligible to dissolve your marriage. You can, however, prepare all of the paperwork to be ready to file when you become a resident.
Agree on Grounds for Divorce
To get an uncontested divorce, you and your spouse must agree to all terms, including the grounds for divorce. There are two grounds for uncontested divorces in Florida and they are as follows:
- Irreconcilable differences: To file on irreconcilable differences means you are telling the court that the marital relationship has broken down and there is no chance of reconciliation.
- Mental incapacity: Your spouse has been declared legally incapacitated for at least three years before filing for divorce.
The majority of people who file for divorce in Florida use the grounds of irreconcilable differences. It would not make sense to file otherwise, as it might be necessary to prove your spouse is mentally incapacitated and that would just extend the process.
Draft a Marital Settlement Agreement
The marital settlement agreement outlines many different terms. These include, but are not limited to, property division, child custody, child support and alimony. To obtain an uncontested divorce, you and your spouse must agree to the different terms and they must be put in a Marital Settlement Agreement. Even if you are in complete agreement, it is preferable that you work with a lawyer who can consider all of the circumstances and to make sure that the agreement is legally binding and to your benefit.
Submit the Appropriate Papers with the Court
After you and your spouse have agreed to the different terms of the uncontested divorce, you then must file the appropriate papers with the court. The papers you file with the court will depend on the type of divorce you get. The options available are as follows:
- Simplified dissolution of marriage: If you and your spouse do not have minor children together, neither spouse is seeking alimony, neither spouse is pregnant, and you agree to all the terms, you can obtain a simplified dissolution of marriage. You and your spouse must visit the office of the court clerk together so you can each sign the papers, and you will have to attend a final hearing.
- Regular dissolution of marriage: It is not always possible to obtain a simplified dissolution of marriage and some people prefer to have an attorney handle the paperwork, process and final hearing. however, obtaining a regular dissolution of marriage is still possible if you are getting an uncontested divorce, but the process is a bit more complicated. You or your spouse must file a petition, the other spouse needs to be served, and you will both have to submit financial disclosure. Most cases may start off without agreement, but they usually end up with an agreement, and therefore, uncontested.
Our Uncontested Divorce Attorneys in Tampa Can Help with Your Case
Even when obtaining an uncontested divorce, it is advisable that you obtain legal help. At All Family Law Group, P.A., our Tampa uncontested divorce attorneys can help you and your spouse reach an agreement and make the process as easy as possible for you. Call us today at 813-672-1900 or contact us online to schedule a free consultation and to get the help you need. Se habla Español.
