Getting a divorce is never easy, both emotionally and financially. If you and your spouse are in agreement about getting a divorce but are worried about the cost, there are some options available. Our divorce attorneys will shed some light on uncontested divorce so you and your spouse can go through the process while accumulating as little debt as possible.
What is an Uncontested Divorce?
An uncontested divorce is when both spouses agree on all issues related to the divorce, such as child custody, visitation, child support, spousal support, and division of property. Once you and your spouse agree on all issues, you can file for an uncontested divorce. Uncontested divorce cases are typically quicker and cheaper than contested divorce cases because you are not taking the issues to court.
How Do I File for an Uncontested Divorce?
The first step is to check your state's requirements for filing for an uncontested divorce. In Florida, there are a few requirements you must meet before you can proceed with the divorce process, such as:
- Residency - You or your spouse must have resided in Florida for at least six months prior to filing.
- “No-Fault” Agreement - Florida only allows “no-fault” divorces to be used when filing for an uncontested divorce. This means neither spouse will need to claim that the other spouse took part in any misconduct.
- Agreement on the Issues in the Divorce - Prior to filing, you and your spouse will need to agree on all issues including division of property, allocation of outstanding debts, alimony, child support, and child custody.
What If We Can’t Agree on All Issues?
Mediation may be a good option if you and your spouse cannot agree on all issues related to your divorce. This is a process where both spouses meet with a neutral third party, called a mediator, to try to agree to the terms of your divorce. The mediator does not make any decisions or take sides; instead, their role is to facilitate communication between spouses to reach an amicable resolution.
Miami Divorce & Family Law Attorneys
At Orshan, Spann & Fernandez-Mesa, we understand that every situation is unique, so discussing your options with an experienced attorney is important. Give us a call today. (305) 853-9161
