In order to explore the option of an uncontested divorce in the state of Florida, you and your spouse need to agree on key issues. When there are ongoing disputes, it may not be possible to secure an uncontested divorce agreement, a judge may have to be involved to make final decisions.
Generally, an uncontested divorce could be an option if the following are true:
- Parties agree on asset, property, and debt division.
- There are no financial complications, such as bankruptcy.
- Plans for child custody, child support, and visitation, if applicable, are in place.
- There is an understanding of who will be paying attorney fees.
Of course, every situation has its own concerns to address.
FL Resident Requirements for an Uncontested Divorce
According to state statute 61.021, you have to be a resident of Florida for a minimum of six months prior to filing the paperwork to end a marriage. If the set requirements are not met, it could be possible for you or your spouse to argue the divorce can’t be finalized. Typically, in situations when both parties want the divorce and are open to working toward an uncontested agreement, they will simply live separately and wait until the six months have passed.
When you talk through your concerns and objectives with a family lawyer, they will assess the facts of your case and share with you possible paths forward. All emotional life changes, including divorce, are difficult, but choosing the right resolution for you could lead to an agreement you are comfortable with, and it could be achieved faster and with less expense than taking the marriage dissolution to court.
Less Stress and More Security
Ideally, an uncontested divorce will be less stressful for you than other resolution choices. That said, you want to be sure you are accessing the security you need to move into your post-divorce life with confidence. While some couples choose to utilize one lawyer to handle their divorce, this is not advised as you will want your own attorney fighting for your unique desires.
While a contested divorce can lead to longer timelines and increased expenses, there are situations when going to court is the right avenue, particularly if taking the matter before a judge will increase your financial security for decades to come. Speak to a Tampa family lawyer who has experience in both uncontested and contested divorces to learn more.
Are you interested in securing an uncontested divorce, if possible? Assessing your current situation and your post-divorce goals is part of the process. Bring your concerns and objectives to the attention of an experienced family attorney.
