Regular Divorce - Uncontested

In Florida there are two types of regular Dissolution of Marriage Cases (“Divorces”):

  • UNCONTESTED DIVORCE
  • CONTESTED DIVORCE

When both spouses in a marriage choose to get a divorce and have amicably negotiated, resolved and are in agreement on all the issues such as – spousal support (alimony), child custody, child support, parental responsibility, parenting plan, time sharing and property division, they may file an "uncontested" divorce - which is a much simpler legal process, involving less time and money.

Requirement:  ALL issues related to the marriage, such as:  marital property, marital debts, marital assets, spousal support (alimony), issues related to the minor children from the marriage (parenting plan, time sharing, parental responsibility, child support, etc.) must be settled and in writing in a signed and notarized Marital Settlement Agreement. 

Regarding discovery, both spouses must also each complete and file at a minimum a Family Law Financial Affidavit.

Finally, both spouses must attend the final hearing.  

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Benefits of an uncontested divorce

  1. 1
    COSTSGenerally speaking, the process for an uncontested divorce is advantageous in that there is no litigation and all the stress and legal costs associated with that process are at a minimum.  
  2. 2
    TIME EFFICIENT—Another advantage of filing an uncontested divorce is TIME.  Timeline is predictable in an Uncontested Divorce.  These type of divorces can usually be finalized in a matter of weeks (depending on the Judge’s docket – number of cases).
  3. 3
    PEACE OF MIND, LESS STRESS AND EMOTIONS—In addition, the relationship between the parties usually remains amicable and the typical litigious lifetime grudge, anger and resentment of the contested divorce are avoided.
  4. 4
    PREDICTABLE OUTCOME—Finally, in an uncontested divorce, both parties retain control over the divorce process and outcome, whereas in a contested/regular divorce, a third party, a stranger, the JUDGE, decides upon the disputed/litigious issues and matters of your case, in which many feel that the outcome is unfair and unjust.

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