Uncontested Divorce Lawyer
What are the requirements for getting an uncontested divorce in Florida?
Technically, there is no law that defines an “uncontested divorce.” However, an uncontested divorce is typically considered one in which the parties are in complete agreement regarding all issues of the divorce, and no trial is needed. To file an “uncontested divorce,” you and your spouse must be in agreement on all issues prior to filing your divorce paperwork with the Court.
Uncontested Divorce from $1250
👪 Tom Brady and Gisele filed for an uncontested Florida divorce (after mediation with their respective attorneys), showing that even high-net-worth cases and cases with minor children can be resolved through the uncontested divorce process.
What issues must you and your spouse resolve to qualify for an uncontested divorce?
Equitable Distribution
- Agree how to divide all marital assets and liabilities.
- Prepare and sign a Marital Settlement Agreement (MSA).
- Complete required financial disclosures.
Must file a Financial Affidavit unless Simplified Dissolution.
Alimony
- Decide whether alimony will be paid, and if so, how much and for what duration.
- Consider whether the agreement is modifiable.
- Consult a Florida divorce attorney before signing.
Alimony terms may have long-term consequences for both spouses.
Parenting & Time-Sharing
- Agree on a Parenting Plan (timesharing, holidays, travel, communication).
- Address Parental Responsibility for major decisions.
- Complete a Child Support Guidelines Worksheet.
Court must find the plan is in the child’s best interests.
The three main issues that must be resolved to qualify for an uncontested divorce are equitable distribution, alimony, and parenting or time-sharing arrangements. These issues may be resolved directly between the spouses, or the parties may reach a settlement agreement after attending mediation. It is highly recommended that a qualified divorce lawyer represent each spouse during mediation to ensure they understand their rights regarding equitable distribution, alimony, parenting issues, and the terms they are agreeing to at mediation.
If you and your spouse acquired any assets (stuff you own) or liabilities (money you owe) during your marriage, then you do have marital assets and liabilities.
Suppose you and your spouse have marital assets and liabilities. In that case, you will need to prepare and sign a Marital Settlement Agreement that spells out which spouse will be awarded each asset and liability. Before signing the marital settlement agreement, Florida law requires that you and your spouse make a full financial disclosure. The Financial Disclosure consists of two parts: a Financial Affidavit and an exchange of financial documents.
A Financial Affidavit MUST be filed with the Court before your divorce will be granted unless you filed a Simplified Divorce.
The exchange of financial documents can be waived if both parties agree. Otherwise, a full list of the required documents can be found in Florida Family Law Rule of Procedure 12.285.
You and your spouse must agree on whether either of you will pay alimony to the other, and if so, how much and for what duration. You may both agree to waive your right to alimony. If either spouse has questions about whether or not there should be alimony paid to a spouse, both spouses should consult a Florida divorce attorney to fully understand their rights. An agreement to pay alimony may be modifiable and have long-term consequences to the payor spouse.
Three different areas must be addressed if you and your spouse have any dependent or minor children. (If you and your spouse have a child who will be dependent on you and your spouse into adulthood due to a disability, you should speak with a licensed family law attorney.) Even though you and your spouse may agree on a parenting plan, the court still must find that the parenting plan is in the best interest of the child.
- Parental Responsibility – In Florida, parental responsibility means who will make the major decisions affecting your child’s life. This typically includes decisions regarding medical care, education, and religious upbringing. Most parents agree to shared parental responsibility, meaning that you and your spouse will make decisions affecting the children together. If you and your spouse do not agree to shared parental responsibility, we recommend that you consult with a Florida divorce attorney.
- Parenting Plan – Before filing an uncontested divorce, you and your spouse must prepare and sign a Parenting Plan. The Parenting Plan governs all aspects of your post-divorce co-parenting relationship. The Parenting Plan will address when the children will spend time with each parent (timesharing), holiday timesharing, communication between the parents, communication between each parent and the children, out of state travel, and many other issues. The Florida Supreme Court publishes a standard Parenting Plan form that you can reference here.
- Child Support – Under Florida law, both parents have an obligation to financially support their children. The Court will require you to file a document called a Child Support Guidelines Worksheet. The Child Support Guidelines Worksheet takes into account both parents’ income, certain expenses for the child (health insurance, child care, and non-covered medical expenses), and the amount of overnights each parent spends with the children. If you and your spouse want to deviate (agree to a different amount) from what you calculate on the Child Support Guidelines Worksheet, you should contact a Florida divorce attorney as there are additional motions and evidence required in order for a judge to order an amount of child support that is different from what is calculated on the Child Support Guidelines Worksheet.
As you can see, if you have assets and minor children, you and your spouse have a lot of issues to work out prior to filing an “uncontested divorce.” Hiring a Florida uncontested divorce attorney can help you and your spouse make sure that you cover all your bases and that there are no delays in having your case finalized. A Florida uncontested divorce attorney can also represent you in mediation to help ensure you come to a fair agreement before filing an uncontested divorce.
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As with any Florida divorce, there is a 20 day waiting period after filing an “uncontested divorce” before the judge can enter a Final Judgment dissolving your marriage so don’t expect the divorce to be finalized overnight. Some counties in Florida do however allow you to avoid court altogether & can often finalize the divorce shortly after the 20 day waiting period.
Hassle-free uncontested divorce
As little as $1250 plus filing fees for uncontested divorces with no assets and no children.
or call (727) 538-7741