There are many benefits of an uncontested divorce. If done properly, the entire case is packaged and settled long before it becomes a court case. Every contingency is discussed, prepared, signed, and settled. An uncontested divorce case in Florida usually proceeds rapidly to a final hearing that is characterized by happiness, relaxation, and can even be fun.
Consumer Pamphlet: Divorce In Florida
The fact is that judges, attorneys, bailiffs, and spouses are all happy and relaxed during an uncontested divorce hearing. If there are children, the uncontested case also includes a detailed parenting plan. Parenting plans detail where the children will live, sleep, go to school, and where they will spend certain holidays. Many judges especially appreciate parents able to negotiate their own parenting agreement.
Most family law professionals believe parents able to negotiate their own uncontested parenting plan have a high degree of success in future co-parenting. People that are angry from their original case tend to feel the outcome was unfair and they continue to desire to correct the original injustice. An uncontested divorce is simple for an experienced attorney but can fail when the correct documents are not present.
Many people mistakenly file a Simplified Divorce after getting advice from a paralegal service. Simplified Divorces are uncontested — but they have certain requirements that can complicate the divorce process. That seems to not make sense — but it is an established fact. Uncontested divorces address a very serious situation and have serious consequences.
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Mistakes tend to surface years after the case is done, and are very difficult to fix. Aside from a perfect drafted petition, answer to the petition, and supporting documents, you will need a properly drafted marital settlement agreement and good parenting plan. A frequent roadblock is the desire to set child support at a number that does not match legal requirements.
To address that issue, you will need a Motion to Deviate from Child Support Guidelines, and a legally supportable reason for the deviation. But to truly satisfy the requirements, you must both have a plan for money, debt, parenting time, and division of personal items.
How Much Does it Cost to File For A Divorce in Florida?
The two of you must agree on every single issue. Florida affords this opportunity because of its Civil Practice and Procedure Code Inability to pay is proven by providing information on things like net income total salary and wages minus deductions , other income, assets, and all other liabilities and debts.
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- Consumer Pamphlet: Divorce In Florida – The Florida Bar;
- Uncontested Divorce in Florida;
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We know you have many choices for legal representation both in Fort Myers and in the surrounding areas. While you are under no obligation to choose our law firm for divorce representation, we truly look forward to the idea of helping you through this difficult time. If you would like to discuss potential divorce fees in more detail, please feel free to give us a call at You might qualify for a simplified divorce if: You and your spouse have lived in Florida for at least 6 months prior to filing the petition You are in agreement with your spouse that the marriage is irreparable You have no child born or unborn in common with your current spouse You and your spouse have committed to working out property division on your own.
This includes assets as well as expenses. Neither party wishes to seek alimony. Both parties forego their right to a litigated divorce trial as well as an appeal of the decision.
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Both spouses agree to accompany each other to the final hearing. Contested vs. Florida Divorce Filing Fee Waiver Another way Floridians attempt to cut down on divorce costs is by applying for civil indigent status, more commonly known as a divorce filing fee waiver . Name: Please enter your name. For couples who would like to quickly end their marriage and are on amicable terms, an uncontested divorce might be the ideal option, assuming they meet the aforementioned requirements. Unlike a contested divorce, an uncontested divorce in Florida allows spouses to waive the requirement of filing a financial affidavit, saving a lot of time and trouble.
Additionally, even though spouses might agree on all issues in such cases, it is still important to put these agreements in writing, and for each spouse to sign it, so that it can be included in the petition. Even in an uncontested divorce, spouses will be required to appear in court for a brief hearing, which is usually arranged not long after a spouse files a petition for divorce. If the marital settlement agreement has still not be signed, the judge will allow both parties to orally agree to it during the hearing.
Even in amicable situations, it is important to have legal representation at your side to ensure the divorce process goes smoothly and your interests are protected.
Florida Uncontested Divorce Attorney | Types of Divorce
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