If you meet certain requirements, such as not having any minor children with your spouse and agreeing with him or her about how you will divide your marital assets, you could be eligible for an uncontested divorce. This is a simpler, more straightforward way to end your marriage than a traditional courtroom divorce. By cutting out a lot of the time and investigation that comes with a traditional divorce, choosing an uncontested divorce can also save you quite a bit of money.
Below are the steps involved in completing an uncontested divorce in Florida. If you are considering an uncontested divorce, it is important to remember that by doing so, you waive your right to a trial and the opportunity to appeal the court’s ruling. You and your spouse must also agree that your marriage is over and cannot be saved.
File a Petition for Simplified Dissolution of Marriage
The first step in the process is filing a Petition for Simplified Dissolution of Marriage with the circuit court of the county where you or your spouse reside. One of you must have been a Florida resident for at least six months prior to filing this petition in order to complete the divorce process.
Prepare a Marital Settlement Agreement
You are only eligible for an uncontested divorce if you and your spouse agree about how your property will be divided. Rather than having the court divide your marital assets for you, you will need to divide them yourselves and present the settlement agreement to the court. Though you can come to an oral agreement, having a signed, written agreement is more definitive.
Attend your Divorce Hearing
You will still need to attend a divorce hearing if you choose an uncontested divorce. It is not a long hearing and you do not have to go through the other processes involved with a traditional divorce, such as the discovery process. At your hearing, the judge will ensure that you meet all requirements for an uncontested divorce and that your settlement agreement meets all the necessary requirements to be legally binding.
Receive a Final Judgment of Simplified Dissolution of Marriage
Once the judge looks over your divorce documents and finds them to be compliant with the law, he or she signs the final judgment, which officially ends your marriage.
An Experienced Divorce Lawyer from Draper Law Office can Help you Complete the Divorce Process
To determine if you are eligible for an uncontested divorce, visit Draper Law Office online or call us at (866) 767-4711 to schedule you free, no-obligation consultation in one of our three convenient office locations: Orlando, St. Cloud, and Kissimmee.