When most people think of divorce, they might imagine emotionally charged arguments across courtrooms that neither side is willing to give ground on. After all, that is how divorces tend to be portrayed in popular media. In reality, it is possible to streamline the process and have an amicable split if you and your spouse agree about all the major issues that might otherwise sidetrack the proceeding.
If there are no disputes between you and your partner about how you would like your marriage to end, speaking with a seasoned divorce attorney about the possibility of an uncontested divorce might be a good idea. If this option is right for you, your Miramar uncontested divorce lawyer could walk you through each step to ensure it goes as smoothly, efficiently, and agreeably as possible. Call today to find out more.
Individuals can only file for a divorce in Florida if they meet the necessary residency requirements. Specifically, under Florida Statutes § 61.021, at least one party to the marriage in question must have maintained a residence in the state for a minimum of six continuous months before filing the petition.
Unlike some other states, Florida honors a No-Fault divorce, meaning there is no need to establish specific misconduct for which the marriage is ending. There are two acceptable No-Fault divorce grounds: a marriage being “irretrievably broken” and a spouse being incapacitated for at least three years.
Additionally, for a divorce to be considered uncontested, the two parties must be in total agreement regarding how all marital issues will be resolved during the legal process, including:
A Miramar uncontested divorce attorney could assist with drafting parenting plans and other documentation necessary to properly convey the wishes of both spouses.
If a divorcing couple has no children under 18, is in total agreement about the division of marital property, and is not seeking alimony from each other, they may be eligible to file jointly for a simplified divorce. These divorces are typically quicker, and parties can skip some of the required steps of a regular divorce. A qualified Miramar attorney with experience handling uncontested divorces could help individuals understand if they meet the requirements for a simplified divorce and help assemble the necessary documentation if they do not.
In either scenario, all necessary forms must be submitted to the appropriate circuit court clerk with the filing fee and, if necessary, served on the non-filing spouse. Once this is complete, there is usually a 20-day mandatory waiting period before the court will schedule a divorce hearing. Spouses with minor children are also required to take a parenting course no more than 45 days after filing.
While it is possible to file for an uncontested divorce without legal representation, it is often a deceptively expensive and time-consuming process. Assistance from seasoned legal counsel could be vital to streamlining the process and minimizing stress along the way, especially if you do not qualify for the simplified option.
If you have questions, a Miramar uncontested divorce lawyer could answer them during a confidential consultation. Schedule yours by calling today.