Divorce can be a difficult and emotionally challenging process. However, when both parties agree on the terms of their divorce, it can become a non-contested divorce. This is often a faster and more amicable way to end a marriage. In this blog, we'll provide an overview to a non-contested divorce in Florida.
1. What is a Non-Contested Divorce?
A non-contested divorce, also known as an uncontested divorce, occurs when both spouses agree on all aspects of their divorce, including parenting/timesharing, distribution of the marital estate, support, etc. When there is an agreement between the parties before the initiation of the formal divorce process, it allows the parties to avoid the lengthy and often contentious process of a contested divorce, which involves litigation and may even require a trial.
2. Residency Requirements:
To file for a non-contested divorce in Florida, at least one spouse must have been a resident of the State of Florida for at least six months before filing the divorce action. This is a critical requirement, as Florida courts only have jurisdiction over divorces involving residents of the state.
3. Grounds for Divorce:
Florida is a no-fault divorce state, meaning that you do not need to prove any specific reason for the divorce beyond stating that the marriage is irretrievably broken. This simplifies the process and avoids the need to assign blame for the marriage's breakdown.
4. Divorce Procedures:
a. Preparation of Documents: Both parties, a mediator, or an attorney, must prepare a Marital Settlement Agreement and Parenting Plan (if there is a child), which outlines the terms of the divorce, including distribution of the marital estate, timesharing, and support. A petition for dissolution of marriage and other required documents must also be prepared.
b. Filing: The petition for dissolution of marriage and other required documents must be filed with the appropriate court in the county where the parties last resided together. There is a filing fee associated with this process.
c. Final Hearing: After the required waiting period (usually 20 days), a final hearing will be scheduled. During this hearing, the judge will review the terms of the divorce and, if satisfied, issue a Final Judgment of Dissolution of Marriage. In some counties, the parties may be able to submit an Affidavit in lieu of attending a Final Hearing.
5. Important Considerations:
a. Legal Advice: Although an uncontested divorce can be less complicated than a contested one, it is recommended that you consult with a family law attorney. A family law attorney can help ensure that your rights are protected and that the terms of the divorce are fair and equitable.
b. Financial & Tax Advice: Divorce can have significant financial and tax implications. It's important to consult with a Financial Advisor and Tax Accountant to understand these changes.
c. Emotional Support: Divorce is not only a legal process but also an emotional one. Seeking support from friends, family, or a mental health professional can help you navigate the emotional aspects of the divorce process.
A non-contested divorce in Florida offers a streamlined and amicable way to end a marriage when both parties agree on the terms of their divorce. By understanding the necessary steps, you can navigate this process more effectively and move forward with your life. If you are interested in pursuing an uncontested divorce in Broward or Palm Beach County, Florida, please feel free to contact my office to schedule a consultation.
