Uncontested Divorce In Florida
November 10, 2024 | General Divorce
By: Chad Layton, Esq.
Ending a marriage can be one of the most challenging decisions a person faces. But not all divorces have to be lengthy, expensive, or contentious. For couples who can agree on key issues, an uncontested divorce offers a faster, less stressful, and more affordable way to move forward.
At Mindful Divorce, P.A., we help individuals and families understand this process with transparency and compassion. With our fixed-fee approach and extensive experience in family law, we aim to make your divorce as smooth as possible.
Let’s explore what an uncontested divorce entails, its benefits, and how our team can help you through this process.
What Is Considered an Uncontested Divorce in Florida?
An uncontested divorce occurs when both spouses agree on all the terms of their divorce without the need for prolonged court involvement. This includes decisions about:
- Dividing assets and debts
- Child custody, parenting time, and child support (if applicable)
- Alimony or spousal support
Florida also has specific requirements for filing an uncontested divorce:
- Residency: At least one spouse must have lived in Florida for six months before filing.
- Grounds for Divorce: Florida is a no-fault divorce state, meaning you only need to show that the marriage is irretrievably broken.
- Mutual Agreement: Both parties must agree on all aspects of the divorce, with no unresolved disputes.
If these criteria are met, an uncontested divorce can be a great option for couples seeking a peaceful resolution.
Benefits of an Uncontested Divorce
Opting for an uncontested divorce offers several advantages, including:
- Reduced Stress: Avoiding heated courtroom battles can make the process far less draining.
- Faster Resolution: Many uncontested divorces can be finalized in as little as 30 to 45 days, depending on court schedules.
- Lower Costs: With no prolonged legal disputes, the expenses are significantly reduced compared to contested divorces.
- Control Over Outcomes: You and your spouse decide the terms, rather than leaving decisions up to a judge.
- Amicable Relationships: This approach helps preserve a more respectful and cooperative relationship, especially important for co-parenting.
- Protecting Emotional Well-Being: Minimizing conflict can reduce the emotional toll on everyone involved, including children.
- Privacy: Uncontested divorces often involve less public disclosure of personal matters.
- Simplicity The process is generally easier and less complicated than a contested divorce.
Steps in the Uncontested Divorce Process
The uncontested divorce in Florida involves several steps designed to make the separation as smooth as possible. Here’s what you can expect:
File a Petition for Dissolution of Marriage
One spouse initiates the process by filing this document with the court.
Financial Disclosures
Both spouses must complete accurate financial affidavits outlining income, expenses, assets, and debts.
Marital Settlement Agreement (MSA)
This agreement details how assets, debts, and other issues will be resolved.
Parenting Plan (if applicable)
Parents must submit a detailed plan for custody, visitation, and child support. A parenting course is also required in Florida.
Final Hearing
Once all documents are submitted, a short hearing is held to finalize the divorce. Keep in mind that Florida has a mandatory 20-day waiting period from the time of filing to before a judge can grant the divorce.
At Mindful Divorce, P.A., we guide our clients through each step, ensuring all forms are completed correctly and deadlines are met.
Types of Uncontested Divorce
Florida offers two main types of uncontested divorce:
1. Simplified Dissolution of Marriage
This is available for couples without minor children or dependent children, no claims for alimony, and limited shared assets or debts. Both spouses must attend the final hearing together.
2. Regular Dissolution of Marriage
This option applies to couples who agree on all terms but don’t meet the criteria for a simplified divorce. It’s slightly more complex but still avoids the drawn-out litigation of contested divorces.
Not sure which option fits your situation? Contact us at Mindful Divorce, P.A. to discuss your circumstances and goals.
Uncontested Divorce vs. Collaborative Divorce
While both uncontested and collaborative divorces aim to avoid the courtroom, they differ in key ways:
| Uncontested Divorce | Collaborative Divorce |
| Agreement is reached before filing | Agreement is reached during the process |
| Attorneys may or may not be involved | Each spouse hires collaborative attorneys |
| No third-party professionals required | May involve financial advisors, therapists |
| Typically less expensive | Costs can be higher due to additional professionals |
An uncontested divorce is ideal when you and your spouse are already in agreement. Collaborative divorce, on the other hand, is helpful for couples who need assistance reaching an agreement but want to avoid court. Depending on your situation, both approaches aim to void court battles and promote more amicable solutions.
How Mindful Divorce, P.A. Can Help
At Mindful Divorce, P.A., we’ve designed our services to make the divorce process as straightforward as possible. Here’s how we can assist:
- Clear Goals: We work with you to establish clear objectives for your divorce.
- Comprehensive Agreements: Our team ensures that your Marital Settlement Agreement protects your interests while meeting legal requirements.
- Fixed Fees: With our transparent pricing, you’ll know exactly what to expect, eliminating the stress of hourly billing.
- Support Every Step of the Way: We handle the paperwork and filings, so you can focus on moving forward with your life.
Let’s Work Together
If you’re ready to explore whether an uncontested divorce is the right path for you, we’re here to help. At Mindful Divorce, P.A., we understand that divorce is never easy, but we’re committed to providing compassionate and cost-effective legal guidance.Take the first step toward a brighter future—reach out to our team today at 561-537-8227. Let’s work together to find the best solution for you and your family.