What is an Uncontested Divorce?
An Uncontested Divorce is a process that is open to couples in Florida who can agree on some or all of the issues involved in their divorce. Some of the key issues that couples need to discuss and come to an agreement on are the following: Spousal Support or Alimony, Child Support and the division of marital property.
If a couple is only able to agree on some but not all of the major issues in their divorce, they may pursue an Uncontested Divorce on the majority of the issues in their divorce and litigate the remaining issues that they are unable to agree upon.
Should I get an Uncontested Divorce or a Simple Divorce?
An Uncontested Divorce is the second best option if you don’t qualify for a Simple Divorce. If children are involved, or one spouse is seeking Alimony, the couple will not qualify for the Simplified Dissolution of Marriage or Simple Divorce process. In these cases, the couple should then see if they can get an Uncontested Divorce.
Who should get an Uncontested Divorce?
Any couple that can agree on some or all of the major issues involved in their divorce should look at the Uncontested Divorce option with their attorney, provided that they don’t qualify for a Simplified Dissolution of Marriage or Simple Divorce proceeding under Florida law.
How much will an Uncontested Divorce cost?
Uncontested Divorces are generally much cheaper than Contested Divorces, as Contested Divorces involve mediation or litigation, processes that will increase the cost significantly. A Simplified Dissolution of Marriage or Simple Divorce is usually the cheapest and fasted way to get a divorce in the state of Florida.
What is the Uncontested Divorce Process?
The Uncontested Divorce process is fairly simple and straightforward. If you and your spouse are in agreement or likely to agree on the issues involved in your divorce, we will draft a Marital Settlement Agreement that lays out the agreement of the parties on these issues. The important issues that must be agreed upon are: the division of property, the existence of, type and amount of Spousal Support or Alimony, and the issues related to any children, if any, such as child custody, visitation and child support.
If the couple is able to agree on the issues as they are set forth in the Marital Settlement Agreement, we will send have each party sign the agreement with a notary present who will notarize the signatures.
The signed and notarized Marital Settlement Agreement will then be sent to the Florida family court for approval. If the couple can only agree on some of the issues listed above, those issues can be set forth in the Marital Settlement Agreement and the other issues can be set aside for further negotiation, mediation or trial.
Divorce Attorney – Fort Myers, Florida
Our Fort Myers divorce attorneys can help you with your Uncontested Divorce.
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We are serving Fort Myers and surrounding cities and counties in Southwest, Florida such as Cape Coral, Punta Gorda, Lehigh Acres, Sanibel Island, Captiva Island and Charlotte and Hendry counties.