When you and your spouse agree to end your marriage and have settled all matters related to your separation, Florida law provides a simplified process known as an uncontested divorce. This process can make divorce less emotionally taxing and more efficient. But, naturally, you have questions.
Here are some frequently asked questions about the uncontested divorce process in Florida.
What is an uncontested divorce?
In Florida, an uncontested divorce, also known as a simplified dissolution of marriage, is an option when you and your spouse agree on all issues related to the divorce. This agreement includes decisions on property division, debt allocation and if applicable, child custody and support.
What are the requirements for an uncontested divorce?
To qualify for an uncontested divorce in Florida, you and your spouse must meet several criteria:
- You both agree the marriage is irretrievably broken.
- You have no minor or dependent children together, and the wife is not pregnant.
- Both parties agree on the division of assets and liabilities.
- Neither spouse is seeking alimony.
- Both spouses are willing to give up their right to trial and appeal.
- Both parties are willing and able to appear at the final hearing.
Both of you must also have completed a financial affidavit or agree that financial affidavits are not necessary and that you have no disagreements about how to divide your assets and liabilities.
How does the process work?
In an uncontested divorce, you and your spouse must prepare and sign a marital settlement agreement that outlines your decisions about property division, alimony and other relevant issues. You will then file this agreement along with other required documents with the clerk of the circuit court in the county where either you or your spouse resides. After you pay the filing fees and complete the required forms, the court will schedule a final hearing to finalize your divorce.
How long does an uncontested divorce take?
The length of the process can vary based on the court’s schedule and the speed with which you can complete your paperwork. But typically, uncontested divorces in Florida can take a few weeks to a few months.
An uncontested divorce in Florida is a simplified process that can help reduce the stress and complexity of divorce.
