Florida Laws on Uncontested Divorce

The state of Florida is one of the few states in the nation where proving “fault” is no longer grounds for divorce. When spouses are seeking an uncontested Florida divorce, many couples may choose to use the procedure known as the simplified “dissolution of marriage” (Florida’s official word for divorce). This is due in large part to the fact that they can file without hiring an attorney.

Florida Divorce Laws

If you want to file for dissolution of marriage in Florida, you must be a resident of the state at least six months prior to filing the petition. However, a judge may make an exception if you are a resident that temporarily resides outside the state due to work obligations or other valid reasons. There are three variations of uncontested divorce in Florida, which are:

Simplified—This is known as the “do-it-yourself” version and is designed primarily for couples without children and no dispute regarding the division of property. Both spouses are required to appear in court before the judge when the final marriage dissolution is granted. This process can be completed with or without an attorney.

Uncontested—The basic definition of uncontested Florida divorce means that both parties agree on all the terms regarding division of assets and property, debts, the amount of child support and alimony to be paid, and child custody and visitation rights. An attorney can draw up a marital settlement agreement for a minimal cost. These cases can be typically be wrapped up within a few weeks. This follows nearly the same procedure as the simplified divorce, with the major difference pertaining to the couple having minor children.

Default—The person who files for divorce is known as “the petitioner” and the other spouse is called “the respondent”. In Florida, the respondent has only 20 days in which to file an answer that the marriage is irretrievably broken with no hope of reconciliation. If the respondent fails to give an answer, the petitioner will be granted a divorce through default.

How Mediation Can Save Money

Many couples going through a marital split often feel a variety of emotions, with the primary one being anger. If your spouse is angry with you for wanting a divorce, it may end up costing you a whole heap of money. He or she may decide to drag out the property settlement or refuse to meet you halfway regarding child custody and visitation. If you don’t want to spend the money having your attorneys fight your battles, you may choose to go through mediation. Having a neutral third party can help the couple resolve their differences. A mediator can’t force either party to settle, but they can offer advice without taking sides. This procedure is much less adversarial and can speed up the process.

When a Divorce Attorney Can Help

Every marriage is unique in some way and the same can be applied to couples when they split up. Their circumstances may be different for a whole host of reasons. Sometimes people file for divorce after their spouse has abandoned them. So, how can you get a divorce if you can’t even find this person? This is when you need legal advice. The laws can be complicated and an attorney who specializes in family law can answer these types of questions among many others. You may not need an attorney during the entire process, but it’s a good idea to start out with expert advice.

Thinking About Divorce?