What Is An Uncontested Divorce?
July 21, 2020 | Collaborative Divorce, Fixed Fees, Frequently Asked Questions (FAQs)
By: Chad Layton, Esq.
Why More People in Palm Beach County are choosing uncontested divorce
The term “uncontested divorce” in Palm Beach County describes a solution to divorce matters that involves zero litigation. This process encourages amicable and reasonable negotiations before anything is filed with the court. If you are considering divorce, it behooves you to ask, What is an Uncontested Divorce?
How Does Uncontested Divorce Work in Palm Beach County?
First, you and your attorney must decide that you are serious about settlement and resolving your divorce without litigation.
Next, you must work with an ethical and experienced divorce attorney to analyze the unique facts of your marriage with the goal of settlement. The divorce attorney will then provide you with his or her honest legal opinion as to what a fair marital settlement agreement looks for your marriage.
Before you ask, yes, honest and ethical divorce attorneys do exist in Palm Beach County.
When Do I Tell My Spouse?
Once you and your attorney have done the work to set fair and reasonable expectations to settle your divorce, your attorney will draft a comprehensive marital settlement agreement.
At this point, you are ready to notify your spouse that you are going forward to seek an amicable divorce.
Your attorney should have a standard notification letter to be provided to your spouse that explains how uncontested divorce works and how both of you will benefit financially and emotionally by electing to resolve your divorce without litigation.
Executing the Marital Settlement Agreement
Often times your spouse will request changes to the proposed marital settlement agreement. This is normal. Additionally, your spouse may wish to have another attorney review the agreement to assure that all terms are reasonable and fair under the law.
This step is common and in fact encouraged by our law firm. Each spouse should feel confident that we are working fairly and ethically to settle your divorce. We are not working to trick or gain an unfair advantage over anyone.
Finalizing the Divorce
Once your settlement agreement is executed, your attorney will file a Petition with the Court identifying your case as an Uncontested Dissolution of Marriage. This notifies the court that all issues of your marriage have been properly resolved through a legally binding settlement agreement.
Your attorney will then schedule a final uncontested court hearing to have the judge ratify your marital settlement agreement and grant you a final judgment of dissolution of marriage.
Fixed Fees In Divorce
The process of Uncontested Divorce lends itself to fixed attorney fees as opposed to the unknown hourly billing structure. Our law firm posts our fixed fee schedule for uncontested divorce cases on our website at: https://mindfuldivorcepa.com/fixed-fees/
Helpful Resources & Client Reviews
Additional information and resources to educate clients on the process of divorce are available on our website at: https://mindfuldivorcepa.com/blog/
Past client reviews https://mindfuldivorcepa.com/googlereviews are also on our website and found under our google business listing.
About the Author
Mindful Divorce P.A.
205 Worth Ave. Suite 303
Palm Beach, FL 33480
Phone (561) 537-8227
Office E-Mail: Chad@mindfuldivorcepa.com