What Is The Difference Between A Simplified vs. An Uncontested Divorce In Florida?
Many people who are getting a divorce envision a long and bitter courtroom battle. Fortunately, divorce does not have to be this way. Some couples qualify for a simplified divorce, which expedites the process and makes it much easier. Even those who do not qualify for simplified divorce can still obtain an uncontested divorce. So, what is the difference between these two? Below, one of our Tampa uncontested divorce attorneys explains further.
Simplified Divorce in Florida
As its name suggests, a simplified divorce is just that – it is an easier and simpler way to end a marriage in Florida. A simplified divorce can take as little as three weeks to be granted by the court. However, few couples qualify. To be eligible for a simplified divorce, individuals must meet the following requirements:
- The spouses must agree that the marriage is irretrievably broken.
- The spouses cannot have minor children together and the wife cannot be pregnant.
- The spouses must agree on how they will divide assets and liabilities.
- Neither spouse can pursue alimony.
- Both spouses must waive their right to a trial and appeal.
- Both spouses must go to the clerk’s office to sign the petition, although they do not have to go together.
- Both spouses must be willing to attend the final hearing together.
Even when couples meet the above requirements, it does not mean that obtaining a simplified divorce will be easy. A signed Marital Settlement Agreement must still be submitted to the court. The standard form does not include language necessary for certain issues, such as dividing retirement accounts or a quit claim deed releasing the marital home to one person. For this reason, it is always advised that couples work with a Tampa uncontested divorce attorney who can address these issues properly.
Uncontested Divorce in Florida
An uncontested divorce in Florida is one in which the couple agrees to divorce, and they also agree to what will take place after the divorce. Unlike in simplified divorces, the couple can have children as long as they agree to a parenting plan, and one spouse can also receive alimony, as long as the couple agrees to the amount and duration. Generally speaking, uncontested divorces take between three weeks and six months.
If a couple disagrees on just one issue, the divorce is then contested. Still, this does not automatically mean the couple will have to go to court to resolve the dispute. Often, disputes can be resolved through negotiation or mediation, which also makes things less stressful and easier for the couple.
Call Our Uncontested Divorce Lawyers in Tampa Today
Regardless of the type of divorce you are about to go through, you need sound legal advice. At All Family Law Group, P.A., our Tampa uncontested divorce lawyers can provide it so you can make informed decisions and obtain the most favorable outcome possible. Call us now at 813-672-1900 or contact us online to request a free consultation and to learn more about how our experienced attorneys can help with your case.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
