Divorce can be an emotional and difficult time in your life. Once the decision to divorce has been made, the legal process must be followed. Divorce in Florida is also known as dissolution of marriage. The easiest and fastest divorce option is an uncontested divorce. When a couple can agree to the terms of the divorce, it is said to be uncontested. If one or the other party does not agree to the divorce or accept the settlement terms, the divorce becomes contested and therefore more complex. While uncontested divorce is fast and easy, it is still best to seek guidance from an experienced divorce attorney.
Criteria for an Uncontested Divorce
There are a number of qualifications that must be met in order to qualify for an uncontested divorce. These include:
- Both parties agree that they want the divorce;
- Parties agree about the division of property;
- If the couple has minor children, a parenting plan must be put in place;
- Child support is agreed upon;
- Alimony is not disputed;
- There are no unsettled issues; and
- Both parties agree to sign the necessary documents.
Generally, an uncontested divorce can be utilized in situations where both parties are in agreement. When issues are disputed or go unresolved, the divorce is contested and proceeds in that manner. A contested divorce often signals a litigious situation and one that may require negotiation and possibly mediation.
Benefits of an Uncontested Divorce
There are many benefits to choosing an uncontested divorce. The uncontested divorce is typically much easier to complete and therefore is much less expensive. It is still in your best interest to have representation by a divorce attorney; however, the process is less complex. Another advantage to an uncontested divorce is that the time necessary to finalize it is less than a contested divorce. A simple uncontested divorce could take just a couple of months to complete while a contested divorce could drag on for many months or even years. Probably the most significant benefit of an uncontested divorce is that the marriage is dissolved in an amicable manner. This relieves stress on everyone in the family, including the children. A more relaxed situation sets the stage for a better relationship as the family moves forward in a new configuration.
Is Uncontested Divorce My Best Option?
In Florida, as elsewhere, property and assets that have been acquired during the marriage belong to both parties and are to be divided equitably upon divorce. This means that both people should receive about an equal portion of assets in a settlement. In situations where the couple agrees the division of assets and there are no complications, the uncontested divorce is a very good choice. Every divorce is different and a unique set of circumstances. When determining how to proceed with a divorce it is helpful to speak with a reputable divorce attorney to answer your questions and assist in determining the options available to you. Contact the Tampa divorce and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.
By Lynette Silon-Laguna Google