Uncontested Divorce in Florida

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Like every state in the US, Florida has divorce laws that address issues of separating couples in the state. Dissolution is the word used to indicate divorce in Florida. The dissolution of marriage occurs through contested and uncontested processes. A contested process requires the intervention of the court as the married couple cannot resolve the issues and conflicts. Whereas in an uncontested divorce in Florida, both of the married partners discuss the problems amongst themselves, find solution and reach a mutually-satisfying agreement regarding the divorce terms. An uncontested divorce has a number of benefits. A divorcing couple should be familiar with these benefits in order to gain the best result.

As per the state laws, the residency requirement of dissolution is that one or both divorcing partners should be residing in the state for minimum six months before the divorce action starts. If one spouse is a resident of Florida, he/ she can file for the divorce case in the county where he/ she lives presently. The divorcing partner who files the essential papers for the action is named as the Petitioner. The other divorcing partner, who may or may not reply to the action, is called as the Respondent.

Discussing each and every divorce issue is not possible. So here we provide some general information about an uncontested divorce in the state of Florida which will help you in many ways.

When can couples opt for an Uncontested divorce in Florida?

  • When they agree that their marriage cannot be saved
  • When they desire to go for a simple and easy divorce
  • When they agree with each other regarding the terms and conditions of the distribution of liabilities and assets
  • When they accede about alimony (the duration of alimony and the amount of alimony)
  • When they reach a consensus about child support, visitation and child custody
  • When the wife is not pregnant at the time of filing for the divorce
  • Another important criteria is that both of the partners must be willing to visit the clerk's office to sign the Petition. They can go individually or together
  • When both of the spouses agree to go for the final court hearing at the same time

You have to meet the above-mentioned criterion so that you can apply for an uncontested divorce.

Grounds for an Uncontested divorce

Florida is a no-fault divorce state. It means that the divorcing couples need not show or prove grounds in order to file for the divorce. They need to show that their marriage is irretrievably broken and there is no chance of reconciliation. In some exceptional cases, the Petitioner may show mental imbalance of the other spouse for a period of three or more years.

Procedure of Uncontested divorce in Florida

The process begins when the Petitioner files a Civil Cover Sheet along with one of the following 3 forms or Petition-

  • Dissolution of Marriage without any dependent, children or property
  • Dissolution of Marriage with property and without any dependent or minor children
  • Dissolution of Marriage with dependent or minor children

When the divorce involves minor children, the Petitioner must file a UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) Affidavit. This document recognizes the children, the residences of the children and consists of data regarding the custody proceedings. A Child Support Guidelines Worksheet must be completed, if child support is to be reviewed.

The other documents which a Petitioner must file are as follows-

  • Marital Settlement Agreement
  • Notice of Current Address
  • Notice of Social Security Number
  • Family Law Financial Affidavit (short or long form) along with Certificate of Compliance with Mandatory Disclosure. This certificate endorses that the Respondent has revealed the essential economical data to the Petitioner

If circumstances demand, the Standard Family Law Interrogatories for Original or Enforcement Proceedings can be filed by the Petitioner. These are made under oath and provide the financial information in the Family Law Financial Affidavit in more detail. The needs of such interrogatories are that the Petitioner must file a Notice of Service of Standard Family Interrogatories and the Respondent must fill a Certificate of Compliance with Mandatory Disclosure.

After filing all the essential paperwork, a divorce hearing is scheduled by the Petitioner for the final judgment. The duration of this hearing is approximately ten minutes. One of the following three versions is filed at the divorce hearing-

  • Final Judgment of Dissolution of Marriage with no property or dependent or minor child or children (uncontested)
  • Final Judgment of Dissolution of Marriage with property but no dependent or minor child or children (uncontested)
  • Final Judgment of Dissolution of Marriage with Minor child or children (uncontested)

We are sure that after having a good idea about uncontested divorce in Florida, you will be in a better position to follow the divorce procedures and obtain the divorce in a smooth way.

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