Most uncontested cases are amicably but not all amicable cases are uncontested.
Cases can be resolved amicably, even when you have all the issues present that affecting your family and you don’t need to fuss with the “collaborative law” scheme to accomplish your goals. Collaborative law can turn out to be very expensive and time consuming and most cases don’t need all those professionals involved.
How does one qualify for an uncontested divorce and/or amicable separation in Florida?
- Both parties desire to be solution oriented.
- Both parties agree that spending years in litigation is a waste of their financial resources.
- Both parties agree that their peace of mind and ability to move forward is worth some compromises.
- Both parties agree, that when children are involved, all efforts must be focused on avoiding conflict.
- Both parties wish to move on quickly and as painlessly, as possible in order to spend as little money as possible on attorney fees and costs.
Having issues to resolve does not make your case, contested and impossible to resolve amicably by agreement. What makes a case contested is the behavior of the parties (and/or their lawyers). It is when parties (and/or their lawyers) refuse to cooperate and compromise with each other that the problems arise – that’s the gist of it. An experienced Florida family law attorney who has the client’s best interest in mind can help turn your messy divorce and separation disputes into amicable divorce or paternity proceedings.
Why do I need a Florida family law attorney if we want to work it out?
It’s a common misconception that just because you have reached verbal agreements on all issues, that you don’t need the services of an experienced Florida divorce attorney. That is a fallacy.
For example, you know you are going to keep the house and buy the other one out. You can agree to just that but there is so much more to that agreement than the fact that you are buying out the other party. There is a slew of terms that should be included in your agreement to manage expectations, facilitate the process and prevent a breakdown in communications because everyone will know, in detail, the steps and timeframes. Experience teaches the practitioner to anticipate a permutation of events and help you avoid mistakes others have made.
The fact is that while it is true that an amicable or uncontested divorce is far simpler than a messy knock-down drag out legal brawl, you still need the guiding hand of a Miami divorce attorney in your corner to ensure that everything goes down without a hitch.
If you and your soon-to-be ex-spouse or partner can come to mutually agreed upon terms, an amicable divorce is possible. The benefits of such a proceeding speak for themselves. You’ll save on time, money, and emotional equity.
You can’t just show up at the court house and say that you have an uncontested divorce and want to split up. The Florida judiciary is very clear about what is and is not contested.
What is a Florida Uncontested Divorce?
Florida Uncontested Divorce Requirements
In order to be considered an uncontested divorce:
- The wife cannot be pregnant
- The couple must have no children under the age of 18, including adopted children.
- Both spouses have agreed upon the division of their debts and property
- One or both spouses have lived in the state of Florida for at least six months.
- Neither spouse is seeking alimony
- Both agree that the marriage is irretrievably broken, and they want a simplified dissolution of the union.
For example, in a contested a Florida divorce, spouses have to turn over financial information to one another. In the event of an uncontested divorce, the requirement of filing this paperwork can be waived, or at least minimized, which saves both parties a lot of trouble.
An uncontested divorce, also known as a “simplified dissolution of marriage,” gives both parties the ability to focus their energies on the solution, rather than the problems that led to their separation. Uncontested divorces remove a lot of the negativity and venom from the process, allowing the divorcing couple to find new ways to process their anger and sadness and focus on moving forward.
We can help you with flat fee rates for simplified and uncontested divorce and separation proceedings.
How Do You File for an Uncontested Divorce in Florida?
Obviously, this route is going to require a lot of cooperation between the divorcing parties and their attorneys.
In order to begin the uncontested divorce proceedings, one party must fill out a “Petition for Simplified Dissolution.” After filing this paperwork with the county clerk’s office in the county where one or both parties live, a filing fee must be paid. This differs based on the county.
If the divorce is truly uncontested, both parties (along with their Miami Divorce Lawyers) should prepare a written settlement agreement. Once everyone has signed this document, it can be filed with the petition.
A “Final Judgment of Dissolution of Marriage” must also be filled out and brought to the court. This is the document that will be signed by a judge when the divorce is finalized.
After all the paperwork has been filed, a hearing before a judge will be set. As long as everything has been filed correctly, this will be a simple and painless process. The judge will ensure that one or both parties have lived in Florida for at least six months and that all of the requirements for an uncontested divorce have been met. After the judge either reviews your settlement agreement or hears an oral argument from both parties, they will sign the final judgement and the divorce will be finalized.
Hire a Miami Divorce Attorney
It’s always better for a divorcing couple to find middle ground through mediation rather than engage in draining litigation. You have a choice. Notably, you cannot rely on a judge to do what is right for your specific situation. With the right amount of give and take, you can stay in control of your present and future without subjecting yourself to the whims of a judiciary.
If you and your partner are seeking an uncontested divorce, ask yourselves the following questions.
- Do you have joint assets?
- Do you have joint liabilities?
- Are you seeking alimony?
- Are you in agreement as to whether the assets and/or liabilities should be equally divided?
- If you have children, do you agree that responsibility should be shared?
- If you have children, are the parties in agreement as to what a timesharing schedule should look like?
While an amicable or uncontested divorce might sound easy, it is advised that professional attorneys or mediators assist both parties as they come to terms. Ensuring that everything is recorded in writing by responsible and knowledgeable third parties helps the entire process run smoothly and effectively.
If you are considering an amicable separation or uncontested divorce in the State of Florida, you don’t have to go through it by yourself. Contact the experienced Miami divorce attorneys at the Carolan Family Law FIrm, P.A. by calling (305) 358-2330 or schedule a consultation through our website to discuss your rights. Serving Miami, Coral Gables & all of Florida.