The truth, though, is that very few divorces get to that point. Even though a relationship is ending and property is splitting, most couples are able to work together on at least a few areas. Some lucky couples are even able to agree on everything, which is called an uncontested divorce. There are a few other terms as well, such as amicable, collaborative, and even friendly.

It might seem like for an uncontested divorce, an attorney is unnecessary, but that is definitely not the case.

Divorce law is extremely complex

Photo by Detenzione.

Often times, people have an expectation that filing or divorce can be as simple as filling out a form and sending it in to the state, but it is massively more complex than that. There are a large number of forms that need to be filled out in explicit detail, and there are hundreds of items of information you will have to gather to include with your filing. If you forget any of those items, it can be back to square one for you and your spouse, with time and filing costs wasted.

Not only that, but are you 100% sure that the divorce plan is satisfactory to you? Relationships are built around compromise, whether it be when they’re just starting up, while they’re in full-swing, or even when they’re ending. You cannot file for divorce without some form of compromise, and far too often, one person in the couple will compromise more than they should simply for the sake of the collaborative divorce. For example:

• Did you forget to itemize some precious property you wanted?
• What about retirement accounts or investments?
• Did you compromise too much on the parenting plan, leaving your spouse with much more time than you feel they deserve?
• Did you decide to not push for needed spousal support while you get your career going again?
• Did you neglect to fight for the current marital home?

All of this, and more, is what your attorney will cover with you when you sit down to meet with them. While many people do successfully file for divorce without a lawyer, the entire reason Florida divorce attorneys exist is as an expert safety net, ensuring that you will get as much of what you deserve and want as you possibly can.

Whatever you decide, there are skilled family law attorneys out there with the answers to your questions. Whether a contentious divorce is the right way to go for you, or a collaborative one, they will be able to help you take the next appropriate step.

In an uncontested divorce the couple is able to bypass turning over their financial information to one another as well as other time consuming paperwork required in a normal Florida divorce.

Requirements for an uncontested divorce in Florida

Although an uncontested divorce is the simplest way to handle a separation, there are several requirements apart from agreeing that must be met in order to get one.

• The couple must both agree that they want to end the marriage and want an uncontested divorce
• The couple cannot have children under the age of 18
• The wife cannot be pregnant
• At least one spouse has to have lived in Florida for the past six months
• The spouses must agree on the division of their property and debts
• Neither spouse can be seeking alimony

How to file for an uncontested divorce in Florida

First, the couple must prepare and both sign a Petition for Simplified Dissolution. This must be filed with the circuit court clerk’s office in the county where on of the spouses live. Filing fees will also be paid at the time the petition is filed. Agreements on how to divide property should be written out and signed, and so should a Final Judgement of Simplified Dissolution of Marriage. That paperwork can be found here.

The couple will then attend a hearing. Both must be present at this hearing. The judge will make sure the couple meets all of the requirements in order to be given an uncontested divorce and review the couple’s marital settlement agreement. Once the judge has reviewed all of the above, he or she will the final judgement and the couple will officially be divorced.