What it takes to get an Uncontested Divorce in Florida

Any competent and experienced family law lawyer from Florida should be able to offer reasonable advice on the process and requirements for getting an uncontested divorce. There are some requirements and restrictions to getting an uncontested divorce in Florida. In order to qualify for an uncontested divorce these conditions must be met:

• You must have no children below 18 years of age whether or not they are adopted
• The wife must not be pregnant
• No party should be seeking alimony
• Both spouses must agree on debt and property division
• One or both spouses must have been domiciled in Florida for a period exceeding 6 months
• The spouses must both be at a consensus about their breakup and that they both want to get the uncontested or simplified divorce.

This option is best suited for the spouses who desire an amicable dissolution of their marriage. To make it possible the parties must cooperate with one another throughout the process. A regular divorce in Florida requires both spouses to reveal to each other their financial information.  Where the marriage is simplified this requirement can be waived through an affidavit. It will save the couple any trouble and time consumed through extra documentation. The process of getting the uncontested divorce begins by filing a simplified divorce petition. The petition should be filed with the court clerk in the County you are domiciled in. filing charges always apply to such petitions unless the petitioner applies for a waiver. It is advisable for the couple to document their oral agreement concerning the division of property. The agreement should be signed by both parties and filed alongside the simplified divorce petition.

Both spouses are required to appear in court before a judge for a hearing session prior to finalization of the divorce. This also applies to the uncontested divorce. This short hearing session comes a few moments after the simplified divorce petition has been filed. During the session, the judge seeks to ascertain that either or both parties have been domiciled in Florida for a time exceeding 6 months. This can be verified through examination of the driving license or through a witness who knows where the spouses are resident in. During the session, the judge will also verify that all the requirements have been satisfied. The paperwork has to be completed.

If the agreement on marriage settlement is signed then the judge will require an oral submission with respect to the agreement during the hearing session. Where a settlement agreement is available, the judge will also review it with a view to ascertaining that every requirement has been met before the settlement can be validated. When the judge is convinced that all documentation is met, they will sign the final divorce judgment henceforth finalizing the divorce process.

Understanding the cost of Divorce in Florida

On average, different Florida surveys suggest that divorce in Florida cost an approx. $13,500. This entails the costs of hiring an attorney that comes up to around $10,700.  On average divorce attorneys in Florida will charge $260 every hour. The hourly rates can vary fundamentally. Some attorneys will charge as low as $150 while others will charge as high as $450 for every hour of representation. The fact, however, is that most divorce attorneys in Florida bill their service fees on an hourly basis.  Factoring in the rates of any services from paralegals and law firm staff coupled with the time factor that the divorce process should take will count into the total cost of the divorce.

Other expenses such as the costs of filing for that divorce, the cost of mediation, cost of making copies of documents and serving them also add to the cost of the divorce. Some of the other miscellaneous expenses entail compensation for consultants and expert witnesses. These consultants may include the evaluators for child custody, financial analysts, and appraisers.  On average the total expenses can be in the range of $2,800.

Starting a divorce process requires emotional and financial preparation. It may be a necessity to put an end to a marriage and fulfilling this requirement means spending money on the necessity. Often people save money for vacation, property, fixing stuff in the home etc. It is natural for people not to be desirous of spending their hard earned money on the unpleasant events such as court fees and filing for divorce.  If you are on a tight budget and are not willing to waste any cash on a divorce there are other alternative routes that could save you money while still pushing through the divorce process.

Every divorce candidate must understand that fees differ depending on the divorce category one pursues. The place for filing the divorce also matters a lot. The issue of jurisdiction plays a fundamental role in the cost of a divorce. It is important to research about divorce costs within your area code. In Florida the approximate costs of divorce can be broken down as follows:

• Marriage annulment and dissolution costs approx. $408
• Spousal maintenance costs approx. $310.50
• Support, paternity, visitation and custody petitions costs around $300
• Modification of divorce costs around $50
• Protection injunctions are free
• Other domestic relations cost approx. $400

Some of the other factors that influence Florida divorce costs include disagreements over the custody of children and trial proceedings. Where children are involved the divorce costs can go up. Different surveys suggest that where support and custody issues are involved the divorce costs can go as high as $20,300. This fee includes the attorney fees averaging $17,100. Generally where the divorce process is not amicable the cost of settling a divorce can fluctuate depending on the outstanding issues.