What are the benefits of uncontested divorce?

No matter the means you use, divorce is always expensive. But with an uncontested divorce, you will save both time and money. Divorce can be difficult, and you don’t have to make the whole process more complex unless it is really necessary to do so.

If there are issues in your marriage that are not yet resolved (including child custody), Florida uncontested divorce may not be a good idea. This is because you have to ensure that both your rights and your children rights are taken care of. In fact, there are states that do not allow uncontested divorce in cases where children are involved.

However, if both parties have an amicable relationship and simply want to end the marriage, and if they have also agree to issues of child custody, uncontested divorce will reduce the time taken to complete the divorce proceedings. As much as divorce proceedings can be painful, an uncontested divorce will reduce the heartache involved.

When having a divorce, you would also want to maintain privacy. Your divorce case does not have to be exposed to the public unless there is really a need for it. With an uncontested divorce, it is only your agreement that will be a matter of public record.  This is contrary to contested divorce where your agreement will be a matter of public record. For privacy protection, you only need to discuss with each other about the divorce times, which includes alimony and child custody and your discussions will not be exposed to the public.

If you think that you cannot discuss about the divorce terms with your spouse, its fine too. However, you need to ensure that your partner understands the benefits of uncontested divorce.  It is actually easier to go through an uncontested divorce compared to having a contested one.

You also should note that the divorcing couples do not have agree on the reasons of the divorce for it to become a contested one. Provided that you agree to the divorce terms, an uncontested divorce is possible. Thinking of it, you may be tempted to think that you may not manage having an uncontested divorce. But with time, your tempted will cool down and it is only then that you have a civil discussion.

Determining the Cost of Florida Divorce

At times dissolving a union of marriage becomes the only route to happiness. It is mostly nerve wrecking to have to spend your financial resources on a divorce. Most couples save money for other situations such as footing emergency expenditure, for a vacation, fixing broken items in the house, or for luxury. Naturally, nobody wants to spend their hard earned money on tasteless activities like filing divorce proceedings, paying divorce attorneys or court fees. If the spouse seeking a divorce has a limited budget or would rather not waste money on endless litigation, it is good to know that there are cheaper and quicker ways of getting their divorce.

To begin with, the cost of a divorce is not fixed. It can differ depending on a number of issues such as the divorce type a couple wishes to pursue and where the divorce is being pursued. The expenses and fees for filing for divorce differ from one jurisdiction to another. There are two divorce situations for a couple i.e. the contested and the uncontested divorce.  For the uncontested divorce, both spouses have agreed on all outstanding issues such as alimony, property and debt sharing, custody of children etc. A contested divorce, on the other hand, involves a situation where the couple has some outstanding issues to settle. In the uncontested divorce, there is no unanimity on all the issues. The circumstances surrounding the two types of divorce are, therefore, unique.

It is possible to settle an uncontested divorce online without having to appear in court. The cost of an uncontested divorce in Florida can be accurately predicted. It will range anywhere between $495 and $795. This amount goes into attorney fees. Divorce attorneys are able to charge a fixed amount for uncontested divorce due to their predictability. The situation is, however, different for a contested divorce. Due to the high unpredictability, it becomes difficult to accurately predict the cost of contested divorce.  The lack of consensus means there will be more legal work for divorce attorneys. The divorce can even get to the appellate court for review. The extent of litigation and mediation can also mean more costs.

In a nutshell, the contested divorce costs can be accurately estimated due to the level of predictability. This said though, experienced and seasoned divorce lawyers may have the ability to determine the estimated cost of a contested divorce. The reason for this is that such lawyers encounter many divorce cases and chances are high that the divorce in question is quite similar to one that they handled before. More often than not divorce attorneys charge hourly fees for the contested divorce. For more information on the cost of Florida divorce visit this link www.floridadivorce.com/divorce-in-florida-cost.

Understanding the Florida Laws of Divorce

A marriage dissolution petition can be processed through the county circuit court where the petitioner is resident. The respondent couple has to be notified about the petition. Where the respondent is not satisfied with the nature of that petition they might choose to file a counter-petition denying or disagreeing with grounds of the petition. If such a situation occurs, then the petitioner is at liberty to file a trial notice and go ahead with the contested divorce. At this point, it is worth mentioning that there are two categories of divorce in Florida I.e. the contested divorce and the uncontested divorce.
The contested divorce situation occurs when the couples have no common ground all matters pertaining to the divorce. The differences can be heard and determined through a trial hearing or through mediation. The final ruling on the divorce cannot be arrived at until after 20days have passed following the filing of the divorce petition. The only circumstance under which the ruling can be delivered earlier is a situation where the court is satisfied that by delaying the judgment an injustice will have been committed.
According to the Florida divorce laws, a respondent should file a response within the space of 20 days after the divorce papers are served to them.  If the respondent fails to file a response then the petitioner can file for a default motion with the court clerk. After the paperwork has been filed the final hearing session will take place.  It is the responsibility of the petitioner to notify their spouse of the hearing. Where the respondent agrees with the grounds of the petition and all the mandatory disclosure requirements have been met as well as all necessary documents filed then a final hearing can be set. The uncontested divorce has to be compliant with the specified conditions.

• The spouses must have reached a consensus that the marriage is irretrievable
• The couple must not have any minors or children below the age of 18 whether adopted or not
• The wife must not be carrying a pregnancy
• Both parties must be at a consensus with respect to debt and property division
• No party should be seeking alimony
• The spouses must also be willing to forfeit their right to appeal and trial
• The spouses must not be demanding further financial information from what is provided in the financial affidavits approved by the court
• The spouses must also be willing to sign the dissolution petition at the clerk’s office
• The spouses must also be ready to attend the final divorce hearing

The time and date for the court appearance are obtained from the office of the court clerk after the paperwork has been filed. Both parties will be required to attend a hearing before a judge together. If every detail is in order, it is at the discretion of the judge to render their final judgment in a simplified divorce situation. The situation might be a bit different with contested divorce bearing in mind that some or most issues are not agreed upon.

Factors That Influence the Cost of a Florida Divorce

Due to the simplicity of uncontested divorce, they cost anywhere between $495 and $795. These amounts cover the fees paid to an attorney. The range of the cost can vary depending on the involvement of children. On the other hand, contested divorce processes can be quite expensive.  In contested divorce situations the parties fail to have consensus on some of the contentious issues.  The legal work that goes into handling a contested divorce is often enormous. Most spouses who wish to file for divorce often contend with the issue of cost. Most want to know the exact amount of money it will cost. It is, however, not possible to give an accurate figure in the case of contested divorce due to the dynamic nature of the legal issues entailed. The mentioned costs for an uncontested divorce are largely accurate.
It is normal practice for divorce attorneys to charge their clients on an hourly basis for contested divorce.  This is because they cannot accurately predict the time it will consume to handle and finalize each contested issue. The factors that will likely influence cost include whether issues to do with child support, custody, timesharing, visitation etc. are involved. In instances where issues of alimony or fundamental issues with debt and property sharing are involved, the divorce in Florida cost is likely to escalate.
There are circumstances where analysts or expert or paid witnesses are required. Their inclusion can also influence the divorce costs. There are circumstances where the divorce attorney requires the services of an accountant to assist them in handling complex financial issues. This will also affect the total costs. Such are the issues that make it quite difficult to accurately estimate the cost of Florida contested the divorce. Another reason contested divorce costs estimation gets more difficult is the likelihood of one party appealing a decision by the judge. The reason might be that they don’t agree with the decision they could be trying to frustrate the other party. Such a situation can further increase the cost. It is important to note that divorce cases in Florida are not heard before any jury.
It is also important to note that the hourly charges by divorce attorneys are not standardized. This means they can vary from one divorce attorney to another. The reason for the differences is mostly the level of experience. The cost of filing, making copies and serving other parties to a case can also influence the cost.  There are circumstances under which your spouse can be obligated by the court to reimburse the total amount you spent on costs and fees paid to your attorney in a contested divorce. This only happens where one of the spouses has no financial ability to meet the cost but the spouse is in a position to.

Benefits of Uncontested Divorce

With divorce rate increasing each year, most couples are now opting for uncontested divorces, probably because of the benefits that come with it.  Here are some of the advantages of filing for uncontested divorce.

Privacy and confidentiality

When going through an uncontested divorce, couples have to file their negotiation statements with the local court. However, this agreement is not put on public record. The public can only access statements filed by the court. It means that all the negotiations, personal terms, and conditions is a secret between the divorced couple. This reduces the conflict that may occur due to external factors.

Lower cost and expenses

Couples going through a divorce normally solve their issue privately. This means that they do not need to hire an attorney. Parties only need to negotiate with each other, without the involvement of a third party, making uncontested divorce in Florida cost less expensive. But this can only be achieved when they can communicate with each other in a civilized way. If parties cannot uphold effective communication, then a mediator may be required, and this will come with a cost. However, this will involve less fee compared to going through court proceedings.

Faster and quicker

Another advantage of uncontested divorce is that couples care about their dignity. There will be no need of fighting and arguments, the marriage simply ends. Contrary to uncontested divorce where there has to be the intervention of a lawyer, uncontested divorce process is much faster and quicker. The couple set their own terms and condition concerning the divorce. You also do not have to wait for court appearance schedules. All you need to do is sit down, negotiate and write down on paper before filling your agreement with the court.

Less hard feelings

With uncontested divorce. Couples negotiate their divorce terms which means that healing and forgiveness will be achieved.  Couples can easily move on without any hard feelings towards each other. Before filing for uncontested divorce, it is important for couples to take time and talk to each other. With this open communication, you can have an idea if divorce is the only option for you, or you can opt for other ways to solve your differences. You may end up saving your marriage through this periodic discussions and meeting.

Going through a divorce is tough, but if it the only option available for the couple, then filing for uncontested divorce is the best way to go. This means that both parties will agree on child custody and how property will be shared. Besides saving on cost, it will also ensure that parties have a peace of mind after the divorce.

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.