Uncontested Divorce

What is an Uncontested Divorce?

An uncontested divorce in Florida is a divorce in which you and your spouse are in complete agreement about the terms of the divorce. For an uncontested divorce, you will either have to file a simplified petition or a regular petition for dissolution of marriage, depending upon the circumstances.

Do You Qualify for an Uncontested Divorce?

Have you reached an agreement or agreed on: 

  • How time will be shared with the minor children

  • Visitation schedule during the school year, summer and all vacations and time off

  • Who will pay child support

  • How will you share medical, dental, vision, daycare and after-school activities.

  • Who will make the majority of the major decisions, school, medical care, etc. 

  • Who will pay what amount of the marital debts

  • How to divide all of the real estate purchased before or during the marriage.

  • How to divide all of the household property such as TV's, furniture, etc

  • How to divide all personal property like jewelry, clothing

  • Who will keep what car and who will continue to make its monthly payments

  • The value of and ownership of all retirement and insurance accounts

  • Who if anyone will receive alimony and if so, in what amount

If you answer no to any of the questions above, you do not qualify for an uncontested divorce. If you answered yes to all of the above, then proceed below to see if you qualify to use a Simplified Petition. Don't worry  if you do not qualify to use a Simplified Petition, you may still qualify for a Uncontested Divorce using a regular petition.

Do You Qualify to use a Simplified Petition 

  • You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida.

  • You and your spouse agree that the marriage cannot be saved.

  • You and your spouse have no minor or dependent child(ren) together, the wife does not have any minor or dependent children born during the marriage, and the wife is not now pregnant.

  • You and your spouse have worked out how the two of you will divide the things that you both own (your assets) and who will pay what part of the money you both owe (your liabilities), and you are both satisfied with this division.

  • You are not seeking support (alimony) from your spouse, and vice versa.

  • You are willing to give up your right to trial and appeal.

  • You and your spouse are both willing to go into the clerk’s office to sign the petition (not necessarily together).

  • You and your spouse are both willing to go to the final hearing (at the same time).

 

If you do not meet each of the criteria above, you may still qualify for an uncontested divorce but you must file a regular petition for dissolution of marriage. Call us today.