Simplifying the Process – Uncontested Divorce Explained

When you and your spouse agree on all aspects of your divorce, you can have an uncontested divorce. We can help you file the necessary paperwork to start this process.

Uncontested divorces can include complex issues like division of assets, multiple jointly-owned properties, timeshare schedules for children, and spousal support. Often, these matters are resolved through mediation and settlement agreements.

How It Works

When you file an uncontested divorce, it can be handled by the Supreme Court in your county. Generally, this starts with the plaintiff filing an affidavit with the court asking for divorce. The other spouse must then submit an affidavit stating they agree to the divorce.

At this point, a conference will be set for the parties to meet with the judge. This usually involves reviewing all the documentation and financial information in your case and discussing the issues you seek to resolve in your divorce.

The court will usually set regular compliance conferences to monitor the progress of your case and nudge you toward settlement. You will also have the opportunity to request and respond to motions for temporary relief such as custody, visitation, spousal maintenance, or occupancy of the marital home. Then, at a final hearing, the judge will review your submitted documents to ensure you meet the state’s requirements and approve your final divorce judgment.

The Petition

The first step in pursuing an uncontested divorce Tampa is for the spouse who files the papers to submit them to the court. This can be done with or without an attorney, though there may be circumstances where one would benefit from the expertise and guidance of a legal professional.

Once the petition is submitted, it is served on the respondent by a third party that submits an affidavit verifying that the service was carried out correctly. The respondent has enough time to file a response and appear for a brief hearing.

Depending on the state, this process can be relatively quick and straightforward. Couples who agree on divorce typically receive their final judgment within three or four months of filing the initial paperwork. This is significantly quicker than the average contested divorce, lasting anywhere from six months to over a year. The faster a divorce is resolved, the less stress it can cause both parties.

The Response

In an uncontested divorce, spouses save a significant amount of money by avoiding court fees and discovery. They also save on attorneys’ fees by avoiding court hearings and the fighting between spouses and their lawyers. If both parties can work out a settlement, the whole process could be finished in as little as a few months, barring any mandatory waiting periods.

However, before you can file an uncontested divorce, you must agree on all legally relevant issues, such as child custody, support, property division, and alimony. Additionally, you must have a legal ground for the divorce, such as irretrievable breakdown or fault (which requires demonstrating that the marriage is beyond repair). If you are still debating these issues, proceed with a contested divorce. If you cannot agree on any of these terms, a divorce mediator could help. They can create a divorce agreement that lays out your options and enables you to come up with an outcome that is fair to both parties.

The Settlement

If there is an agreement between both parties regarding their divorce, including property and debt division, custody and support of children, and spousal maintenance (if applicable), an uncontested divorce can be filed. This can save both time and money.

The couple would discuss splitting up their assets, including the house and retirement accounts, and their debts. They would also talk about a child custody and timeshare schedule, as well as a spousal support/alimony arrangement.

They may even have their lawyers draft the settlement agreement for them. However, it is essential to understand that while this option can be cost-effective, it could be a significant disadvantage for some couples. It can also leave them at the mercy of a judge’s decision on disputed issues. In cases where there is a power imbalance or one party has access to sensitive information, both parties must have their legal representation. This can prevent exploitation and ensure fairness in negotiations.