When you and your spouse decide to go separate ways, an uncontested divorce may be a benefit.
Even if you agree to the split, you must follow the legal dissolution of marriage process.
Draft a marital agreement
Discussing the terms of your divorce is necessary to ensure you and your spouse accept everything. Any item not agreed upon and left up to a judge’s decision is a contested divorce. Things you must consider are:
- Payment of debts
- Division of your marital assets
- Selling or keeping the home
- Alimony
- Parental responsibilities of children
- Life insurance
- Retirement accounts
- Collectables and family heirlooms
You and your spouse should complete a Marital Settlement Agreement, legally documenting your decisions.
Follow the court process
An uncontested divorce still requires you to follow a legal process.
- File a petition with the court – Having completed a settlement agreement, one spouse can file a Petition for Dissolution of Marriage, available online. The courts collect a filing fee and may request additional documentation, including the Marital Settlement Agreement, at this time.
- Serve the non-filing spouse – The courts notify your spouse of the divorce by serving official papers. Your spouse must respond within 20 days, at which time the courts schedule a hearing.
- Attend the hearing – At the meeting with you, your spouse and a judge, the judge reviews all submitted documents for accuracy and fairness. If the judge approves the divorce, he or she issues a final judgment.
Being familiar with Florida’s uncontested divorce procedures ensures the process goes efficiently.
