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Uncontested Divorce

Making Uncontested Divorce as Simple as Possible

When ending a marriage, most couples want to get through the divorce process as quickly and inexpensively as possible. One way to achieve this is through an uncontested divorce. An uncontested divorce in Florida means you and your spouse agree to end your marriage and agree on the divorce terms before filing your paperwork. You may initially disagree on child custody, parenting plans, spousal support, and property division. Still, if you can resolve your differences, an uncontested divorce is the best way to cut costs and begin to rebuild your life.

Do You Need an Attorney?

In Florida, a divorce can legally proceed with or without an attorney. However, even if you agree on most issues, an experienced divorce attorney can protect your rights, file the court documents, and help the divorce process move swiftly toward completion. In addition, having legal counsel ensures that you understand the terms you have agreed to so there are no unexpected future adverse consequences. It is important to emphasize that Florida law prohibits an attorney from representing both parties in a divorce. Your spouse may elect to go without legal representation or retain a different lawyer.

A Family Law Attorney with a History of Success

 The Davies Law Firm, LLC assists individuals across Central Florida with all family law matters, including uncontested divorces. Attorney Kathleen Davies is a seasoned lawyer with more than thirty-five years of experience and understands your challenges. She is a collaborative law attorney, meaning she assists couples with resolving their differences through mediation so they can proceed with an uncontested divorce.

When Disputes Arise

 Often, couples may start filing for an uncontested divorce. Then they begin to have disagreements when they discuss in detail the terms and conditions of the divorce. Attorney Kathleen Davies believes that mediation can resolve most disputes at the negotiation table. However, when an uncontested divorce takes an unexpected turn and becomes a contested divorce requiring a judge’s intervention, Attorney Davies has extensive courtroom experience and can aggressively defend her client’s rights. 

Requirements for an Uncontested Divorce

A couple must meet Florida state regulations to proceed with an uncontested divorce. Dissolution of marriage has a residency requirement, meaning that you or your spouse must have resided in Florida for at least six months before filing for divorce. The petition for the divorce must be filed in the county of your residence. You must have grounds for a divorce. Florida is a no-fault divorce state. Acceptable grounds for divorce are;  your marriage is irretrievably broken, and you believe your marriage is beyond repair. Alternatively, it is grounds for a divorce if a spouse is deemed mentally incapacitated by the court for at least three years before filing for dissolution of marriage. In addition, for an uncontested divorce, the couple must agree on the following:

  • Child Custody and Visitation
  • Child Support
  • Alimony/Spousal Support
  • Division of Marital Property
  • Division of Marital Debts

Types of Uncontested Divorce

Florida law provides for two types of uncontested divorce, including a simplified dissolution of marriage and regular uncontested divorce. A simplified dissolution of marriage can only occur when the couple has no dependent children, the spouse is not pregnant, and there is no request for spousal support. In this type of divorce, both parties lose their rights to a trial and an appeal.

A regular uncontested divorce has provisions for minor children and alimony. The documents must include timesharing and child support agreements if there are minor children, the length and amount of alimony, and a plan for the marital asset and debt distribution. The judge reviews the documents at a hearing to ensure they are within the law’s guidelines before signing the divorce decree.

Focused on Advocacy and Results

The legal team at The Davies Law Firm, LLC, has helped countless clients reach their goals in contested and uncontested divorce proceedings. We cover all the bases in protecting your rights during this challenging time in your life. Let us review your situation and give you straightforward advice on whether an uncontested divorce is a workable strategy.

Contact The Davies Law Firm, LLC, at 855-688-4713 to schedule a Free Consultation with a compassionate attorney to help you make the right family law decisions. We are located in Cocoa, Florida, representing clients in Brevard, Orange, Seminole, and Osceola Counties.