Signing divorce papers

Understanding Uncontested Divorce in Florida

When most people hear the word "divorce," they immediately picture a combative, drawn-out courtroom battle that leaves both sides feeling frustrated and defeated. Filing for an uncontested divorce could enable you to achieve a more peaceful path forward in the dissolution of your marriage.

At Boeller Law, P.A., our experienced divorce attorneys understand the Florida divorce process inside and out. We'll work with you to pursue an ideal outcome in your case.

To schedule a consultation with our team, contact us online or via phone at (941) 315-8598.

What Is an Uncontested Divorce?

To file for an uncontested divorce, the divorcees must agree on terms for all divorce-related processes, such as property division, child support and custody, alimony, etc. If the parties disagree on any aspect of their divorce, they cannot file for an uncontested divorce.

In Florida, divorces can file for a "Simplified Dissolution of Marriage" if they agree on all terms for their divorce AND meet the following requirements:

  • Both parties must agree to a simplified dissolution;
  • They must not share any children under 18 years old;
  • One party cannot be pregnant;
  • Neither party can request alimony;
  • At least one party has lived in Florida for at least six months prior to filing (this requirement applies to anyone who wishes to file for divorce in Florida);
  • Both parties must agree that the marriage is irretrievably broken, and further agree to use a Simplified Dissolution to resolve their divorce.

Obviously, not all divorcees meet these requirements. If you can't file for a Simplified Dissolution, you can instead file for a Regular Dissolution of Marriage with your County family law court.

Although Regular Dissolutions often take longer than the 30 days it takes to finalize a Simplified Dissolution, it's often still significantly shorter than filing for a contested divorce.

It's important to note that a contested divorce can transition into an uncontested divorce over time. For example, if a couple engages in mediation or a similar form of alternative dispute resolution (ADR) and negotiates terms for their divorce, they can proceed with an uncontested divorce.

To finalize an uncontested divorce, the parties must draft an agreement stating how they intend to handle processes such as property division, child custody and support, and alimony. A judge will assess the agreement and, if they agree it's equitable, sign it and issue a decree finalizing the divorce.

Some of the benefits of filing for an uncontested divorce include:

  • It's often more amicable since both parties are focused on reaching a mutually beneficial agreement;
  • It takes less time since the parties may not need to attend a trial;
  • It's often less expensive since the parties spend less time in court or negotiating with their lawyers.

At Boeller Law, P.A., we'll help you find the best path forward in your uncontested divorce. To schedule a consultation with our team, contact us online or via phone at (941) 315-8598.

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