If you and your spouse have decided to divorce, your emotions will range from sadness to relief as you venture toward a future you shape for yourself. Moving on happens once the final paperwork is agreed to and signed, and if you have worked out details in advance with your spouse, you are seeking an uncontested divorce, which is far less stressful than arguing and letting the court ultimately decide.
These divorces are less acrimonious and cost less than contested ones. You will work with your ex and a Fort Lauderdale uncontested divorce lawyer to hammer out what is best for the children, the grounds for the divorce, how property will be distributed, and whether alimony will be paid. If you are ready, the experienced divorce attorneys at The Florida Probate & Family Law Firm are waiting to hear from you.
Grounds for Divorce
Even if both spouses agree to the terms of the dissolution of marriage, there are still factors they must work out and steps that must be taken to facilitate divorce. The first steps entail agreeing that the marriage is not salvageable, and what the grounds for divorce will be. Even though Florida is a no-fault state, you must provide legal grounds for the breakup.
Grounds for divorce refers to the reason the parties are ending their marriage, and that the differences cannot be reconciled. Under no-fault law, there are two possible grounds for dissolving a marriage: the marriage is irretrievably broken, or one spouse has been declared mentally incompetent in a court of law. For assistance with determining how to proceed from the initial decision to the final hearing, contact a Fort Lauderdale uncontested divorce attorney now.
What Steps Must a Spouse Take to be Granted an Uncontested Divorce?
The first step a spouse seeking a divorce must take is to meet Florida’s residency requirement. One of the divorcing spouses must live in the state for at least six months prior to filing the dissolution of marriage petition, and this is proven by a driver’s license, witness testimony, or bank statements.
A skilled divorce attorney can assist with creating a settlement agreement that addresses all pertinent issues, such as a co-parenting plan, child support payments, how marital assets and debts will be divided, and if alimony will be paid. Alternatively, a mediator, whose involvement is mandatory in Florida divorces, can assist with the creation of a settlement agreement.
Once a spouse’s attorney files the petition for dissolution of marriage, the respondent spouse will be served and must file an answer within twenty days. Both spouses will submit financial information and any additional forms the court requires. After that, a hearing is scheduled, and the judge will review the documentation and may ask questions before granting the uncontested divorce.
Simplified Dissolution of Marriage
In some cases, couples may take advantage of a streamlined option of the uncontested divorce known as a simple dissolution of marriage. If the spouses agree to the division of property, including debts, agree on the grounds for dissolution, have no minor children together, and neither spouse is asking for alimony, then this option is the least stressful and costly. Couples attend the final hearing together, and a Fort Lauderdale attorney can help determine the most beneficial avenue for uncontested divorce.
Learn How Our Fort Lauderdale Attorneys Guide You Through an Uncontested Divorce
Divorce is a major step in your life and you want to ensure the court and state rules are followed to avoid delays and reduce the associated stress. A Fort Lauderdale uncontested divorce lawyer is your strength and advocate. Call now to schedule a consultation about your divorce with The Florida Probate & Family Law Firm.