Uncontesting a Divorce in Florida

Uncontested divorce is often the fastest and least stressful way to dissolve a marriage in Florida, especially when both parties can agree on all major issues. This process is ideal for couples who can resolve their differences amicably, without the need for court intervention. Whether you have children, want to know the costs involved, or are wondering how long it will take, this article will provide a detailed look at everything you need to know about uncontesting a divorce in Florida.

What is an Uncontested Divorce in Florida?

An uncontested divorce occurs when both spouses agree on all key terms of the divorce. These terms include property division, child custody, child support, alimony, and any other legal matters related to the dissolution of the marriage. Since the couple has reached a mutual agreement, there is no need for a court trial or lengthy legal disputes, making the process quicker, more affordable, and less emotionally taxing.

Uncontested Divorce in Florida with Child

An uncontested divorce with children involves the additional complexities of child custody, visitation, and child support agreements. However, as long as both parties agree on these issues, the divorce can still proceed as uncontested. In Florida, divorcing parents must complete a parenting plan that outlines how they will share parental responsibilities, including time-sharing schedules and decision-making rights.

The court will review the agreed-upon parenting plan to ensure that it is in the best interest of the child. As long as the court finds the agreement fair and reasonable, it will approve the uncontested divorce without the need for further disputes.

How Long Does an Uncontested Divorce Take in Florida?

The timeline for an uncontested divorce in Florida can vary based on the court’s schedule and the couple’s ability to file all required paperwork accurately. On average, an uncontested divorce can be finalized in about four to six weeks from the time the petition is filed. This assumes that all paperwork is completed correctly, both parties agree on all terms, and there are no delays in the court’s processing.

Cheap Uncontested Divorce in Florida

One of the main benefits of an uncontested divorce is the reduced cost compared to a contested divorce. Without the need for lengthy court battles and multiple lawyer consultations, an uncontested divorce can be much cheaper.

To minimize costs, some couples choose to handle much of the paperwork themselves, only consulting a lawyer for specific legal advice. The average cost of an uncontested divorce in Florida ranges from $500 to $2,000, depending on factors such as attorney fees and court filing costs. For those on a tight budget, some law firms offer low-cost or flat-fee uncontested divorce services, making this option even more affordable.

Cost for Uncontested Divorce in Florida

The cost for an uncontested divorce in Florida is much lower than a contested divorce due to fewer court appearances and attorney involvement. The filing fee for a divorce in Florida is typically between $400 and $500, but this can vary slightly by county. Additional costs include fees for notarizing documents and legal representation if an attorney is hired.

However, many couples opt for a “do-it-yourself” divorce to save on legal costs. In this case, the main expenses are court filing fees and any small costs associated with preparing documents. Even with an attorney, the total cost generally stays within the $500 to $2,000 range, making it a more affordable option than a contested divorce.

How to File an Uncontested Divorce in Florida

Filing for an uncontested divorce in Florida involves a series of steps that ensure both parties reach a mutual agreement on the terms of the divorce. The process is typically more straightforward and quicker than a contested divorce because both spouses agree on key issues such as property division, alimony, child custody, and child support. Here’s a detailed explanation of each step involved in filing for an uncontested divorce in Florida:

Meet Residency Requirements

Before filing for an uncontested divorce in Florida, it is crucial to meet the residency requirement set by Florida law. At least one of the spouses must have been a resident of Florida for at least six months before filing the petition. This means that either you or your spouse must have physically lived in Florida for at least six consecutive months. Proof of residency may be required, which could include a Florida driver’s license, voter registration card, or utility bills showing the residence.

If the residency requirement is not met, the court will not have jurisdiction to hear the case, and the divorce petition will be denied or dismissed.

File a Petition for Dissolution of Marriage

Once the residency requirement is satisfied, one spouse (referred to as the “petitioner”) files a Petition for Dissolution of Marriage with the local circuit court in the county where either spouse resides. This petition is a legal document that informs the court that you are seeking a divorce and outlines the terms of the dissolution. These terms include important matters such as:

• Division of marital property and debts
• Alimony or spousal support, if applicable
• Child custody, child support, and visitation arrangements (if the couple has children)

The petition must be served on the other spouse (known as the “respondent”), who must acknowledge receipt and respond within a set timeframe. In an uncontested divorce, the respondent typically agrees with the terms of the petition, preventing the need for further disputes.

Sign a Marital Settlement Agreement

The Marital Settlement Agreement is a critical document in an uncontested divorce. It is a legally binding contract that both spouses sign to formalize their agreement on all aspects of the divorce, including:

• The division of assets, such as the family home, vehicles, retirement accounts, and personal property
• The allocation of debts, such as credit card balances or mortgages
• Alimony or spousal support, including the amount and duration

For couples with children, an uncontested divorce also requires the inclusion of a Parenting Plan. This plan outlines the child custody arrangement, including how time will be shared between parents, as well as decision-making authority regarding the child’s education, health care, and other major life decisions. Both the Marital Settlement Agreement and Parenting Plan must be agreed upon and signed by both spouses, ensuring that they are on the same page regarding the divorce’s terms.

Complete Financial Affidavits

Both spouses are required to complete and submit financial affidavits as part of the divorce process. These affidavits provide a transparent and comprehensive disclosure of each spouse’s financial situation, including:

• Income from all sources (e.g., employment, investments)
• Assets, such as real estate, bank accounts, retirement funds, and personal property
• Liabilities, including debts like mortgages, loans, and credit card balances

The purpose of the financial affidavit is to ensure that there is full transparency when dividing marital property and determining alimony or child support. Florida law requires that both parties complete these forms truthfully and accurately to avoid disputes or complications later in the process.

File the Necessary Forms

Along with the Petition for Dissolution of Marriage and the Marital Settlement Agreement, several other documents must be filed with the court to finalize the uncontested divorce. These include:

• Notice of Social Security Number: This form provides the court with each party’s Social Security Number, which is required to facilitate the exchange of financial information and to track child support or alimony payments if necessary.
• Final Judgment of Dissolution of Marriage: This is the document that the judge signs to officially grant the divorce. It outlines the final terms of the divorce, including the division of assets, custody arrangements, and any spousal or child support obligations.

These forms can be obtained from the court’s website or office and must be filed with the clerk of court in the county where the divorce is being processed.

Attend a Final Hearing

Although uncontested divorces are often simpler, most Florida courts require at least one spouse to attend a final hearing. This hearing is typically brief, lasting only a few minutes. During the hearing, the judge will:

• Review the Marital Settlement Agreement and Parenting Plan (if applicable) to ensure that the terms are fair and in compliance with Florida law.
• Confirm that both parties voluntarily entered into the agreement without coercion or undue influence.
• Ask basic questions about the details of the marriage and the grounds for divorce (usually an irretrievable breakdown of the marriage).

If everything is in order, the judge will sign the Final Judgment of Dissolution of Marriage, officially ending the marriage. The divorce is then legally finalized, and both parties must comply with the terms outlined in the court’s judgment.

Filing for an uncontested divorce in Florida involves meeting the residency requirement, completing the necessary paperwork, and attending a final hearing. By following these steps, couples can dissolve their marriage quickly and efficiently, minimizing both costs and emotional stress. While the process is straightforward, it’s important to ensure that all legal documents are completed accurately and that both spouses agree on the key terms of the divorce. Consulting with a family law attorney can help ensure that the divorce process goes smoothly and that both parties’ rights are protected.