Do you need to agree on all terms to have an uncontested divorce?

On Behalf of | Jan 19, 2024 | Divorce |

In an uncontested divorce, both spouses reach an agreement on matters such as property division, spousal support, child custody and child support without the need for court intervention. This streamlined process can be more time-efficient and cost-effective compared to contested divorces.

However, individuals often wonder if they must agree on every term. The answer is not a simple yes or no.

Agreement on key terms

For an uncontested divorce in Florida, spouses should reach a consensus on all key terms. This includes decisions regarding the division of assets and liabilities, spousal support and arrangements for any minor children. Disagreements on even a single aspect may lead to a contested divorce.

Exceptions to full agreement

While the general rule is to agree on all terms, there are exceptions in certain situations. For instance, if there are issues not resolved but both parties are willing to work toward a resolution, the court may still classify the divorce as uncontested.

A common sticking point may be who gets to keep the house or whether the couple will sell it. In Panama City, the median value of a home is $213,600, an amount that can easily cause disputes.

The parties must address and settle any outstanding disagreements for the divorce to proceed smoothly.

Mediation as a tool for resolution

In cases where spouses encounter challenges in reaching a complete agreement, mediation can be a valuable tool. A neutral third party, the mediator, facilitates discussions and aids the couple in finding common ground.

Importance of documentation

Regardless of the specific circumstances, documentation plays an important role in an uncontested divorce. Both spouses need to clearly outline their agreement in writing, sign it and file it with the court. This documentation serves as a legally binding contract, providing a solid foundation for the divorce proceedings.

While a complete agreement on all terms is the norm for an uncontested divorce in Florida, there are instances where flexibility exists.