Many people associate an uncontested divorce with an easy process, but spouses who run the risk of handling an uncontested divorce on their own could end up in a complex situation with no one on their side to help.
What is an Uncontested Divorce?
An uncontested divorce is one where both spouses agree on all the issues pertaining to their divorce. They agree on the distribution of marital property, alimony, child support, and child custody. If even a single issue remains between spouses, it cannot be an uncontested divorce.
An uncontested divorce can take two forms: a simplified or regular uncontested divorce petition. In order to qualify for a simplified uncontested divorce, all the following must be true:
- Both spouses must agree to a simplified proceeding,
- There are no minor children,
- A spouse is not currently pregnant,
- At least one spouse meets the residency requirement,
- Property division is agreed upon,
- Neither spouse wants spousal support, and
- Both spouses agree that the marriage is irretrievably broken.
If the prerequisites are not met for a simplified divorce, then the couple must file a regular uncontested divorce petition.
Problems in Uncontested Divorce Cases
Problems can arise in uncontested divorce cases. The most common issue occurs when one spouse suddenly no longer agrees with one of the issues, such as child custody or the division of marital property. As soon as there is an unresolved matter in the case, it automatically converts to a regular divorce case, which involves going to court, presenting evidence, and going to trial over any disputed matters. You need an experienced Florida divorce attorney by your side if something like this goes wrong.
In some cases, a spouse will agree to a simplified divorce case because they are secretly hiding assets and want to finalize the divorce as quickly as possible. An attorney can investigate prior to the signing of any final documentation that the agreed upon terms in your simplified divorce are fair and in your best interest.
And despite the uncontested method of this divorce, this type of case still requires substantial documentation, filing, and at least one court appearance before the divorce is finalized. A knowledgeable lawyer can ensure that every step is done properly in order to finalize the process as quickly as possible. To learn more about how a lawyer can help with your uncontested divorce, talk to our office today.
