Serving in St Johns County, Duval County and throughout Florida
Uncontested divorce is one of the more simple divorce options. It is one of four divorce options in Florida. Simplified divorce is the easiest and least time-consuming form of divorce, but few people qualify for this type of filing.
Regardless of which type of divorce you think you need to file, FLA Legal Professionals, LLC can help you choose the right type of filing and go through the divorce process with you. Having a divorce attorney, even in an uncontested divorce can be extremely helpful to ensure that you have met all of your legal responsibilitiesand understand all of your rights.
To file a simplified divorce, you must meet 10 criteria under Florida law.
- You and your spouse are both residents of Florida and have been for at least six months.
- You both agree to cooperate and sign all of the necessary paperwork.
- You do not have any minor children (not including children from a previous marriage).
- The wife is not pregnant.
- You and your spouse have agreed on how to divide the assets and liabilities.
- Neither spouse wants alimony payments.
- You both decide to give up your right to a trial or an appeal.
- You have both decided that you do not need to provide additional financial information other than what is required in the Family Law Financial Affidavit.
- Both spouses appear at the court clerk’s office to sign the Petition that requests the dissolution.
- Both spouses attend a short court hearing.
Meeting all of these requirements is rare, but it does happen occasionally. The couple still needs to file a Petition for Simplified Dissolution of Marriage with their local Circuit Court in their county and include the required attachments.
While it is possible to file this type of divorce without an attorney, a divorce lawyer can help you gather the documents that you need and put everything together for you.
The requirements are not as stringent in an uncontested divorce.
- Both spouses want the divorce or agree to the divorce.
- You and your spouse have agreed on a division of property.
- If there are children involved, there is a plan that lays out parenting rights and responsibilities.
- Child support has been agreed upon.
- Alimony is not in dispute.
- All other issues of the divorce have been agreed upon.
- Both spouses are willing to sign the divorce documents.
The benefits of an Uncontested Divorce Attorney Florida are substantial, which provides good motivation for spouses to work out their differences. The couple can save both time and money by agreeing to all of the terms in a divorce.
While you can go through this negotiation process alone, it is sometimes helpful to involve a lawyer to negotiate on your behalf, especially if your spouse has hired a lawyer.
At FLA Legal Professionals, LLC, we can help you negotiate your divorce terms with your spouse and then prepare all of the paperwork once you come to an agreement. That means that you can have your divorce decisions made and documented within three to five hours at our office. Our “one-stop” service is the perfect way for couples to get through a divorce quickly.
Other Types of Divorce
The other types of divorce are “contested” and “default.” A default occurs when the other spouse simply does not respond when you file for divorce. A contested divorce is just as it sounds—the couple cannot agree on various aspects of the divorce. This could be minor disputes or disputes about something extremely important like child custody.
The Divorce Hearing
Depending on the type of divorce, your hearing could be exceptionally short or very long. Contested divorce hearings look very similar to a regular trial.
In the other types of divorce, you and your spouse may just have to appear for a short hearing. The judge may ask you a few questions and your attorney may present some very brief information, but that is really the extent of the hearing.
Regardless of what kind of divorce you file, however, you will always have to have a hearing in Florida.
Legal Help with Your Uncontested Divorce Attorney Florida
Our legal services include everything from helping with simplified divorce or presenting contested divorce cases. Regardless of your needs, FLA Legal Professionals can help. Call 855-351-9810 for more information or to set up an appointment.