If a couple decides to proceed with a divorce in Florida, their options will be dependent on the factors present in their unique situation.
If you and your spouse, despite deciding you want to divorce, can work together and understand what the law allows and what it doesn’t allow, then you might decide the best way to file a divorce is via uncontested divorce.
In an uncontested divorce, both parties agree to the divorce. They then work to agree (or, come to a settlement) on all the terms of their divorce. This includes the division of assets and any childcare arrangements such as child support, child custody, parenting plans, and more. In this case, they will hire an attorney to file all necessary paperwork and assure that everything is sorted on the legal end of things.
If this is possible, this is generally the quickest, least traumatic, and least expensive way to obtain a divorce.
If you are pursuing an uncontested divorce, it is possible to complete the filings without an attorney. However, there is a large amount of paperwork and legality to consider which may mean that it is a less stressful and time-consuming process to retain the services of a lawyer.
When pursuing a divorce filing without a lawyer, it is important to consider that whenever a filing is submitted there are fees associated with it. If any portion of the filing has been missed or completed incorrectly, it will be sent back to you and you will be responsible for paying those fees again.
If you feel that you are not able to come to terms with your spouse about the nature of your divorce, or the terms by which you reach agreements on assets and childcare, you will pursue a contested divorce. Contested divorces tend to take longer and be more stressful as there is a large amount of back and forth between both parties as they seek to either come to compromise, or rely on the court to make decisions via the word of law on their behalf. This may be a necessary course of action if you feel that your spouse is not recognizing your parental rights or your rights to marital property.
Whichever form of divorce is fitting for your situation, you should know that you are not at liberty to waive child support requirements in a vast number of cases. This is because child support payments are specifically recognized by state law to protect the child, and therefore it is often not a choice for a parent to decide on.
Additionally, the court will do everything within reason and safety to ensure that the child has the care of both parents. This generally means that the court is looking for a 50/50 split in custody. This is important to understand before getting into a legal battle, especially if there are no extenuating circumstances present that may sway a judge to consider other options.
In any situation, it is highly advisable to speak with an attorney. This will allow you the opportunity to form an understanding of what can and can’t be done and have a discussion about what your concerns may be. These questions and desire for insight will be met by an expert in the field who is ready to ensure that your rights are protected and your best interests are kept in mind.
What Are The Most Significant Benefits Of Uncontested Divorce In Florida?
There are many reasons to consider pursuing an uncontested divorce in Florida. Though, the most significant benefit is very likely on the emotional plane.
If you’ve ever met a person who has gone through a divorce, or if you’ve ever been through a divorce yourself, you’ll know that can be a very taxing process. Even without the legal ramifications to consider, divorce can be stressful and traumatic. It only goes to reason that anything that might decrease stress and trauma will be of a huge benefit to everyone involved.
Financially speaking, an uncontested divorce can save a considerable amount of money. An attorney’s rates for an uncontested divorce will be drastically less expensive than any alternative. In part, this is because you will rarely be charged at an hourly rate. In many cases, attorneys will offer flat fees for their services in an uncontested divorce.
This is much different than the financial considerations in any contested divorce, in which attorneys will nearly always charge at hourly rates. That means that every phone call, email, court appearance, etc. will all come with a bill attached at some point.
Additionally, in an uncontested divorce, you don’t have to worry about getting caught in a sea of paperwork or confusion. If you decide to hire an attorney, you can be confident that you have a trusted source of legal representation who will be able to advise you on every part of the process, at every step of the way.
Your attorney can make you aware of anything and everything you need to figure out or discuss before ever filing any paperwork. A big focus of this process may focus around your childcare expectations. It’s helpful to set out every holiday plan, a weekly schedule, considerations for different school vacations, and who gets to claim the child on the tax form as a dependent.
Another significant benefit to choosing an uncontested divorce is the amount of control that each spouse is able to retain throughout the process. When you are in the midst of a contested divorce, it’s easy for things to feel as though they are getting out of hand.
Additionally, if you are not able to agree on the terms of your divorce, it will be at the discretion of a judge to determine many of the outcomes.
In some cases, this is especially important to consider, as some of the issues that may come up in an uncontested divorce (such as child support; alimony; custody, etc.) will be determined by the court in a way that will not reflect your desires, whether you decide to take the fight into litigation or not.
This can result in a lot of time and money spent, only to wind up in the same position you would have been in otherwise.
Ultimately, an uncontested divorce can generally provide the most desirable outcomes, in the fastest time frame, with the fewest expenses. Throughout these processes, it is also much more common for relationships to stay friendly (or at the very least, intact), and for the emotional toll to be considerably lower.
If you are wondering if an uncontested divorce is right for you, speaking to an attorney can be the most enlightening and relieving option.
For more information on Family Law in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 305-5599 today.