If you and your spouse choose to divorce but agree on the issues you must resolve before divorcing, an uncontested divorce may be suitable for you. Compared to a traditional divorce, this process is quicker, cheaper, and less stressful.
A professional divorce attorney will be helpful even when you and your spouse are on the same page. A Coral Gables uncontested divorce lawyer can explain your rights and the implications of the settlement agreement before you present it to the court.
Uncontested Divorce Requires a Settlement Agreement Before Filing
In a traditional divorce, one spouse files a petition for divorce at the courthouse, then the couple tries to hammer out their differences before a trial. In an uncontested divorce, they must reach a settlement agreement before either one files divorce papers. This must address all the issues that require resolution when a couple divorces.
Parenting Plan
If the couple has minor children together, the settlement agreement must include a parenting plan. This plan must describe in detail how the spouses will manage parental timesharing and decision-making responsibilities. It also addresses child support and health and dental insurance for the children.
A Judge will review the plan to ensure it promotes the children’s best interests. A Coral Gables attorney can help a couple understand how a Judge evaluates uncontested divorce cases and ensure their parenting plan meets this standard.
Property Division
A divorcing couple must divide the marital property, which is everything either spouse acquired during the marriage, with some exceptions. Florida law calls for an equitable split of marital property, but a couple can decide what is fair in their circumstances.
The property division process also requires dividing debt. Both parties are usually responsible for debts either spouse incurred during the marriage. The property division plan must describe which spouse will be responsible for paying which debts.
Alimony
The couple’s settlement agreement must address the issue of spousal support or alimony. They can waive alimony payments if they wish, but if one of the spouses will pay alimony, the settlement agreement must describe how much they will pay and for how long. Couples can also agree to periodic alimony payments or a lump sum.
Two Uncontested Divorce Procedures
There are several legal requirements all couples must meet to file for an uncontested divorce. One of the spouses must have lived in the county where they file the divorce petition for at least six months before filing. In addition, the couple must agree that their marriage is irretrievably broken and cite that as their legal grounds for divorce.
When a couple does not share minor or dependent children, neither spouse is pregnant, and they have waived alimony, they can file for a simple divorce. In this scenario, the couple file the divorce petition jointly and include the settlement agreement.
Spouses who do not qualify for a simple divorce can still file for an uncontested divorce, which a Coral Gables attorney can assist with. One person would file a petition for divorce, the settlement agreement, and several other supporting documents with the court. The other spouse can waive service of process to save the cost of hiring the Sheriff or a process server. If the couple shares minor or dependent children, both must take a parenting class before they can request a hearing on the divorce.
Uncontested Divorce Hearings
When the couple submits their divorce papers, there is a 20-day waiting period. When this time expires, the couple can ask the court to schedule a hearing and an uncontested separation lawyer in Coral Gables can handle the request.
The Judge will confirm the identities of the spouses and ensure they meet the residency requirements in a brief hearing. According to Florida Statute § 61.052(2), acceptable proof of residency includes a driver’s license, Florida voter registration card, or an affidavit from someone who knows how long a spouse has lived at their current address.
If the Judge is satisfied with the proof of identity and residency and the spouses have met all the requirements for the type of divorce chosen, it will be granted. The couple will usually receive the final decree within a few weeks.
Get Advice About Uncontested Divorce from a Coral Gables Attorney Today
Uncontested divorces are simpler than traditional divorces, but you still need sound legal advice. Speak with a Coral Gables uncontested divorce lawyer before you file to ensure the process goes smoothly for you and produces the result you expect.
The Florida Probate & Family Law Firm offers free case evaluations, so get in touch today.