The Easiest Of Many Not-Easy Options
Most couples enter into a marriage with the belief that the relationship will stand the test of time, but the unfortunate truth is that many legal unions do not. While the dissolution of a relationship and marriage often comes with a period of extreme contentiousness, other times a split can be relatively amicable. In these cases, an uncontested divorce may be an option.
An uncontested divorce can occur when both spouses agree that a legal union should end and there are no major disputes over division of property, child custody or other post-marriage issues. Divorce laws in Florida permit this form of divorce, which is the simplest way to end a marriage.
What's Involved In An Uncontested Divorce?
The uncontested divorce process is relatively simple. Although an attorney is not required for a divorce under Florida law, it is recommended that you obtain the services of a qualified attorney. Steps that then may be taken include:
- Determining how both parties stand in terms of issues such as assets, property division and child custody
- The drawing up of post-marriage agreements that clearly spell out how everything will be separated
- The signing of agreements by both parties
- The filing of documents with a Florida divorce court
Filing for any divorce begins with filing a Petition for Dissolution of Marriage with the appropriate court for your jurisdiction. This document will outline the agreed-upon terms of your uncontested divorce.
A contested divorce may take from eight to 10 months to finalize. An uncontested divorce, on the other hand, can take as little as a few weeks if all necessary documentation and agreements between parties are settled with little or no disagreement. If children and complex financial and property assets are involved, the process may take longer.
Having all the agreements in place typically saves time and expenses. If the parties disagree on various issues or if one spouse is clearly challenging the divorce, an uncontested divorce may not be possible.
Find Legal Help For A Divorce
An uncontested divorce is generally a good option when both parties agree on most issues and are open to fair negotiations over differences they may have. Additionally in these situations, assets are typically easy to divide and there are no real issues with custody of any children from the marriage.
While it is not necessary to be represented by a lawyer during an uncontested divorce, it is a good idea to secure legal representation. An attorney can walk you through the process and be sure that the necessary paperwork is in order. Errors and oversights, even during an uncontested divorce, can be costly. It's advisable to have someone working on your behalf who can help protect your rights and advocate for you.