Is filing for an uncontested divorce right for my case?

| Apr 17, 2021 | Divorce |

In Florida, there is often a perception that divorce will be contentious and the spouses will be in rampant dispute. While that is often true, it is not automatic. In some situations, people are on relatively good terms and simply want to end the marriage and move on. In other cases, they do not have lingering issues like children or significant property at stake. If the conditions are right, then an uncontested divorce might be a preferable option.

Understanding who can file for an uncontested divorce

It is important to know if the case is suitable for an uncontested divorce. In general, the following two tenets must be in place: There are no financial disagreements over factors like support and property and both have agreed to end the marriage and get divorced. In many divorces, people are in disagreement over child custody, child support, alimony and property division. For an uncontested divorce, these concerns must have been settled with both sides in agreement. The benefits of an uncontested divorce are that it saves time and money and avoids the emotional stress that accompanies many family law cases.

In some instances, people could believe they should use the uncontested divorce process when the circumstances are too complex. For example, the parties might think they can successfully negotiate on their own, but when it is time to agree to the terms of the divorce, they are unhappy with the outcome. There are situations in which an uncontested divorce will streamline the process and end the marriage without contention. When children are involved or there are certain aspects of the marriage that spark bitter feelings, it may be wiser to consider alternatives.

Even uncontested divorces may require legal help

People who are on the same page frequently make the mistake of thinking they can move forward and end the marriage via an uncontested divorce without legal guidance. This is a mistake, and it is easy to miss key points despite spouses being on reasonably good terms. When thinking about an uncontested divorce, it is useful to have professional help from the start.

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