Uncontested Divorce

An uncontested divorce is a divorce in which both spouses agree on all aspects of the divorce, including child custody, child support, spousal support, and division of assets. This type of divorce is different from other types of divorce because it does not require a trial or hearings. Instead, the divorce settlement is simply processed through the court system.

What is Involved in the Process?

The first step in obtaining an uncontested divorce is to file a petition with the court. The petition must be served to your spouse and must include all the necessary information about your divorce. Once your spouse has been served, they will have 20 days to respond to the petition. If they do not respond, the divorce can be granted by default.

If your spouse does respond to the petition, you will both need to complete a divorce questionnaire. This questionnaire will ask questions about your marriage, children, finances, and assets. Once you have both completed the questionnaire, you will need to file a divorce settlement agreement. This agreement will outline all the terms of your divorce, including child custody, child support, spousal support, and division of assets.

Once you have filed the divorce settlement agreement, you will need to attend a divorce hearing. At this hearing, the judge will review the terms of your divorce and decide whether to grant the divorce.

What are the advantages and disadvantages of an Uncontested Divorce?

There are several pros and cons to an uncontested divorce. One of the biggest pros is that it is typically much cheaper than a divorce with contested issues. An uncontested divorce does not require a trial or hearings, which can save you both time and money. Additionally, an uncontested divorce can be finalized much more quickly than a contested divorce.

One of the biggest cons of an uncontested divorce is that it is hard to achieve. It requires both spouses to agree on all aspects of the divorce. If you and your spouse cannot agree on custody, support, or division of assets, then it is not an uncontested divorce. Another con is that without legal counsel, there maybe decisions that are made that can cost you more in the long run than if a lawyer reviews the documents and drafts the documents so that everything is in order with Florida law.

Starting the Process

If you need advice or a document review in an uncontested divorce in Florida, it is important to consult with an experienced divorce attorney. For many years, The Law Firm of Anthony J. Diaz has been helping couples in Orlando, Melbourne and throughout Florida as they navigate the divorce process.

Contact Anthony Diaz and The Law Firm of Anthony J. Diaz today for help resolving your divorce.