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While some divorces can be conflicted, other couples are luckier and can agree on the essentials of the separation. This kind of divorce is referred to as an uncontested divorce. These types of separations are usually shorter and less expensive.
They also require the couple agree on the following:
- Property division
- Child custody
- Child support
- Spousal support
There are some limitations to uncontested divorces. While the couple may agree on most things, they also must meet the following criteria:
- Must not have a child under the age of 18
- Wife must not be pregnant
- At least one spouse must have lived in Florida for at least 6 months
- Spouses agree on division of property and debts
- Neither spouse is seeking spousal support
- Both spouses agree the marriage is broken and want a simplified dissolution of marriage
Simplified dissolution is the best way for couples to end their marriage amicably and can cooperate with each other during the divorce. You both can file a financial affidavit rather than turn over financial information to one another, which often expedites the process.
How it Works
In order to get the process started, you will need to prepare a Petition for Simplified Dissolution. File the completed form with the circuit court clerk’s office for the county where either you or your spouse lives. There are filing fees, but they vary by county. While you and your spouse agree on how to divide the property, it is best to put your agreement in writing. Prepare a written marital settlement document, which you and your spouse can sign and file with your petition. You should also fill out a Final Judgment of Simplified Dissolution of Marriage, which a judge will sign when your divorce is finalized.
You and your spouse will need to appear before the court for a short hearing before your divorce. The judge will verify you or your spouse has lived in Florida for at least 6 months, which you can prove with a drivers’ license or witness with knowledge of your residency. The judge will also make sure you and your spouse meet all the eligibility requirements for an uncontested divorce. After the verification, he or she will sign the final judgment, and you will be officially divorced.
Contact Our Experienced Advocates Today
If you need assistance with your uncontested divorce, don’t hesitate to call our experienced Fort Myers attorneys. Powell, Jackman, Stevens & Ricciardi, P.A. can offer you dedicated and caring service with more than 70 years of combined legal experience. Let us exceed your expectations with our dedication to your family law issue.