Qualifying for an Uncontested Divorce
For couples with significant issues to work out before signing a finalized divorce agreement in Florida, a divorce can be a lengthy and sometimes litigious process. However, for certain couples the process can be much faster by filing an uncontested divorce, also known as a simplified divorce, because the spouses agree on all issues and qualify under Florida law. There are many prerequisites for an uncontested divorce, so you should still seek counsel with an experienced attorney prior to filing. Call or contact the Law Offices of David L. Hirschberg in Boca Raton today to schedule a consultation of your case.
The Requirements of an Uncontested Divorce
Florida law is strict in its requirements for which couples may qualify for an uncontested divorce. In order to petition for this type of divorce, the following requirements must be met by the couple:
- No minor children under the age of eighteen years old, biological or adopted
- The wife is not pregnant
- At least one spouse has resided in Florida for at least six months
- The spouses agree on distribution of the marital estate
- Neither spouse is seeking alimony
- Both spouses agree that the marriage is broken and want a simplified dissolution of marriage
If even one requirement is not met, the couple must file for a traditional contested divorce in Florida. A simplified divorce only works for couples with little in terms of marital assets, no children, and agree on all terms prior to the divorce. And even if a couple agrees initially on all issues, problems can still arise during the process. This is why you need a knowledgeable attorney by your side throughout your uncontested divorce.
How an Attorney Can Help
A lawyer can be critical to the success of your simplified divorce. First, an attorney can ensure that all of the prerequisites are met prior to filing for a simplified dissolution of marriage. Second, your attorney will help draft and file the petition with all necessary documentation attached. Third, your lawyer will be present with you at the court hearing to answer any questions that you or the court may have prior to finalizing the divorce.
However, sometimes an uncontested divorce does not go as smoothly as hoped. One spouse can suddenly disagree on the distribution of property or want spousal support after the marriage ends. In these scenarios, you must start over with a contested divorce and an experienced attorney can be crucial to your success. By hiring an attorney from the beginning, he or she already knows all of the details of your case and can expedite the contested divorce process. Because your lawyer has already gone through the details of your marriage for the uncontested filing, that professional is in the best possible position to zealously advocate on your behalf during contested divorce proceedings.
Call or Contact the Office Today
To learn more about uncontested divorce in Florida and whether this option may be right for you, call or contact the Law Offices of David L. Hirschberg to schedule an appointment with a knowledgeable Boca Raton divorce attorney today.