Do I Need An Attorney for An Uncontested Divorce in Florida?

Monday, May 22, 2017

If you live in Florida and you are considering a divorce, you may have heard the terms “contested divorce” and “uncontested divorce." How your divorce is categorized will determine what you will need to do to complete the process.

An uncontested divorce is when both parties in the divorce have reached a mutual agreement that resolves all issues pertaining to the marriage and its dissolution. Issues pertaining to property, financial assets, and custody have been discussed and decisions have been agreed to by both parties. On the other hand, in a contested divorce, one party has issues with the terms proposed by the other party.

It is always advisable to hire a divorce attorney, even for an uncontested divorce.

Due to the complexity of a martial settlement agreement, it is always advisable to hire an attorney to draft this document, or to review it. Once a Marital Settlement Agreement is executed by the parties, it is extremely difficult, if not impossible, to set it aside or withdraw from its terms.

If the original settlement agreement is poorly drafted, or does not protect the rights of one party, it will be difficult and costly to modify after the fact. The cost of trying to "fix" the initial divorce documents are much greater than having the documents prepared properly the first time. We encourage you to hire a divorce attorney to draft the uncontested divorce documents correctly at the outset of the divorce proceedings. This helps ensure the parties' intent and agreements are properly addressed and handled in the Marital Settlement Agreement.

There are several complicated documents that must be filed in an uncontested divorce.

There are several documents that need to be filed in an uncontested divorce. These include a financial affidavit, notice of Social Security Number, and if children are involved, a Uniform Child Custody Jurisdiction Enforcement. That tells the courts with whom the children have been residing for the past 5 years. The affidavit lists net and gross income, as well as any deductions. Child support will then be calculated by checking net income and other expenses that the parent may have relating to the children.

Moreover, if you are represented by an attorney in an uncontested divorce, some counties allow the parties to bypass the required attendance at a Final Hearing before the court to finalize the divorce.

Divorce, even when both spouses are in agreement, can be a confusing and emotional time. You may be wondering how an uncontested divorce works and what your rights are. We encourage you to find the right attorney to help guide you through the legal process.

The outcome in every dissolution case is different. There is no standard dissolution of marriage in Florida, and there is no one-size-fits-all approach. The circumstances and facts in every case are unique. Getting the right details settled during the divorce is an important issue that impacts family members, possibly for years to come. Here at Draper Law Office we strive to make the process as smooth as possible, and ensure that the terms are settled in a way that works for the parties and their children.

At Draper Law Office we handle uncontested and contested divorce cases. To learn more about the dissolution of marriage process, contact us or call (866) 767-4711 to schedule a consultation.


Draper Law Office proudly serves clients throughout Central Florida, including Kissimmee, St. Cloud, and Orlando, and Osceola County and Orange County, FL.

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