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.