Divorce often brings up the image of a fight between two spouses, each trying to get everything they can from the other. While strong emotions can be a part of any divorce, there is an easier way to complete the process.
Spouses may agree to end their marriage without the conflict typically associated with divorce, and a Coconut Grove uncontested divorce lawyer can help. An experienced divorce attorney can help you and your spouse reach a compromise and maintain a cordial relationship.
The Mechanics of an Uncontested Divorce
To be granted an uncontested divorce from the court, you must file a petition to dissolve your marriage. In that petition and additional materials, you must establish that you can meet the statutory requirements of Florida law for dissolving the legal relationship of marriage.
To be given an uncontested divorce, two requirements must be addressed: proper grounds and residency. Grounds for divorce under Fla. Stat. § 61.052 include either that the marriage is “irretrievably broken” or one of the spouses is mentally incapacitated. This mental incapacity, however, must have existed for three years before filing, and the spouse without mental capacity will have a guardian to represent them in the proceedings.
More often than not, an irretrievably broken marriage is the grounds used when filing for divorce. A judge will decide whether the marriage is indeed broken based on what is alleged in the petition and the evidence put forth in a hearing. If there is no opposition to the divorce (and no minor child involved at the time of filing), a judge can enter a dissolution of the marriage without further proceedings.
As for the residency requirement, at least one spouse must have lived in the state of Florida for at least six months, as set by Fla. Stat. § 61.021. Showing residency can be as simple as providing a Florida-issued identification document, such as a driver’s license, alongside the petition for dissolution.
When beginning an uncontested divorce in Coconut Grove, an attorney can help coordinate with your spouse and their counsel to ensure that any issues are considered and resolved promptly so the divorce can remain uncontested.
Reaching an Uncontested Divorce with an Attorney’s Help
As the term might suggest, an uncontested divorce only works if both parties agree to the process. Spouses seeking an uncontested divorce will often sign an agreement sorting out the issues that usually arise when ending a marriage. This agreement can set spousal and child support amounts, as well as determine how property will be divided between the spouses once divorced.
You may need to negotiate the terms of the agreement, which your attorney can do on your behalf in an effort to get you the most beneficial outcome. Once an agreement is reached and signed, it can be submitted with the petition for the judge’s approval.
Having your Coconut Grove attorney work with you and your spouse can make the process of getting an uncontested divorce smoother. You can rely on your lawyer to represent you and resolve any issues that would normally cause conflict.
Learn About an Uncontested Divorce from a Coconut Grove Attorney Today
An uncontested divorce may be a viable option if you and your spouse agree to end your marriage amicably and on how you will manage property and children. Discussing your situation with a Coconut Grove uncontested divorce lawyer can help you avoid the negative emotions and stress involved in divorce proceedings.
The attorneys at The Florida Probate & Family Law Firm can review the facts of your divorce during a free case evaluation. Contact us today to set up an appointment and to learn more about uncontested divorce.