Uncontested Divorce

Solomita Law, PLLC

Divorce is never easy, but knowing you have a trusted divorce attorney can alleviate much of the stress associated with dissolving your marriage.

What Is An Uncontested Divorce?

An uncontested divorce can occur when both parties are in agreement on all of the issues that arise in a divorce. These issues can include…

• Child Support
• Alimony
• Visitation
• Division of property and debts
• Responsibility of attorney fees

Being in agreement on all of the issues and having an amicable dissolution of a marriage means that there is nothing for a judge to determine in your case.

What Grounds Are Acceptable For A Divorce In The State Of Florida?

Florida is a no-fault divorce state, which means that you do not need to prove that your spouse was unfaithful or cruel to file for a divorce.

The two reasons for a no-fault divorce are:

• Irretrievably broken – There is an unreconcilable rift in your marriage which you cannot overcome (Fla. Stat. § 61.052(1a) (2022).)
• Mental incapacity – A spouse is mentally incapacited under a court’s declaration for at least three years (Fla. Stat. § 61.052(1b) (2022).)

The most common reason for a no-fault divorce will be that the marriage is irretrievably broken.

How Long Does An Uncontested Divorce Take?

In the state of Florida, there is a mandatory 20-day waiting period after filing for your uncontested divorce before you will receive your final dissolution of marriage. There are some instances when a judge may waive this waiting period.

If you have minor children, there is also a mandatory parenting course that must be attended within 45 days of petitioning for your uncontested divorce. You will want to ensure you complete this as soon as you can to prevent any delays.

What Documents Will I Need To Provide When Filing For An Uncontested Divorce?

When filing for an uncontested divorce, you will need to ensure that you are completing the following forms:

• Cover sheet for family court
• Petition for divorce
• Family Law Financial Affidavit
• Marital Settlement Agreement
• Notice of Social Security Number

If you have minor children under the age of eighteen, you will also need:

• Uniform Child Custody Jurisdiction and Enforcement Act Affidavit
• Child Support Guidelines Worksheet

Make sure that both parties retain a copy of all of the paperwork that you have completed together for an uncontested divorce.

On the say of your court hearing, you will need to prove that you meet the Florida residency requirement by providing one of the following:

• Valid Florida driver’s license,
• Florida voter’s registration card,
• Valid Florida identification card, or
• The testimony or affidavit (sworn written statement) of someone who can verify your residency.

What Is The Difference Between Simplified Dissolution and Regular Dissolution In An Uncontested Divorce?

The state of Florida offers two avenues for filling for a dissolution of marriage in an uncontested divorce.

A simplified dissolution is the fastest path available for an uncontested divorce, but not every couple will be eligible. Requirements for this path are…

• You are filing an uncontested divorce
• Both spouses are in agreement that the marriage is irretrievably broken
• You have no minor children under the age of eighteen
• At least one spouse has lived in the state of Florida for the past 6 months
• Neither spouse is seeking alimony

If you have minor children but still want to file an uncontested divorce, you will follow the regular dissolution path. This path can take a little more time, but is still faster than filing a contested divorce.

If you live in or near Orlando, FL and would like to speak to an experienced cooperative divorce attorney about your Uncontested Divorce, call Alec Solomita of Solomita Law, PLLC at (407) 305-5599 for an initial consultation.