Uncontested Divorce 101
An uncontested divorce in Merritt Island and all of Florida is a legal process where both spouses agree on all aspects of their divorce, including division of assets and liabilities, alimony, child custody, and child support. Unlike a contested divorce where the spouses cannot agree on these issues, an uncontested divorce is generally faster, less expensive, and less stressful for everyone involved.
To file for an uncontested divorce in Florida, one spouse must file a Petition for Dissolution of Marriage with the court and serve it to the other spouse. If the other spouse agrees to the terms of the divorce, they can sign a written agreement called a Marital Settlement Agreement that outlines how they will divide their assets, debts, and other obligations. Both spouses must also complete and file financial affidavits, which detail their income, expenses, and assets.
Once all the necessary paperwork has been submitted, the court will review it and may schedule a final hearing to finalize the divorce. If everything is in order, the judge will issue a final judgment dissolving the marriage.
It is important to note that while an uncontested divorce can be relatively straightforward, it is still a legal process and should be taken seriously. Consult with an experienced Family lawyer at Rhoden Law Group to ensure that all necessary steps are followed and that the divorce agreement is fair and legally enforceable.
Some general information about uncontested dissolution of marriage in Melbourne, Florida:
- Eligibility: To file for an uncontested divorce in Florida, at least one spouse must have lived in the state for at least six months before filing the petition.
- No-Fault Divorce: Florida is a “no-fault” divorce state, which means that neither spouse has to prove fault or wrongdoing to obtain a divorce. The only grounds for divorce are that the marriage is irretrievably broken, meaning there is no chance of reconciliation.
- Property Division: In an uncontested divorce, the spouses must agree on how to divide their assets and liabilities. This includes property acquired during the marriage, such as homes, cars, and bank accounts, as well as debts like credit card balances, school loans, and mortgages.
- Alimony: If one spouse is entitled to receive alimony (also known as spousal support), the amount and duration of payments must be agreed upon in the Marital Settlement Agreement. Factors such as the length of the marriage, the earning capacity of each spouse, and any other relevant circumstances will be taken into account.
- Child Custody and Support: If the spouses have children together, they must agree on a parenting plan that outlines how they will share custody and visitation. Child support payments must also be determined based on the Florida Child Support Guidelines, which take into account each parent’s income, expenses, overnights, and the number of children involved.
- Final Hearing: In an uncontested divorce, a final hearing may be required, but it is usually brief and straightforward. The purpose of the hearing is to ensure that both spouses understand and agree to the terms of the divorce before the judge issues a final judgment.
Overall, an uncontested divorce in Florida can be a relatively simple and affordable way to end a marriage, as long as both spouses are willing to work together and reach a mutually acceptable agreement. Contact Rhoden Law Group for a free consultation so you can be sure all necessary steps are taken to protect your rights and interests.