Divorce is never easy. But knowing the law will make the process go much smoother for both parties. For those that qualify, state laws make it relatively painless and straightforward to have an uncontested divorce in South Florida.
What Is An Uncontested Divorce?
First off, Florida isn’t just the Sunshine State, it’s a no-fault state. A divorce petition can be filed for any reason, or for no reason at all. There doesn’t even have to be cause; sometimes no one is to blame for a divorce. Couples may grow apart, have different values or life goals, fall out of love, or simply no longer wish to be married.
To file for divorce, you don’t have to prove that your spouse did something wrong. Rather, an admittance that the marriage is “irretrievably broken” is enough. If the marriage is not said to be irretrievably broken, then the divorce has no grounds for filing.
An uncontested divorce is an option when both spouses agree to the ‘Simplified Dissolution of Marriage.’ This procedure can only be utilized under the following circumstances:
- The parties agree that the marriage cannot be saved
- No minor or dependent children have been born from the marriage
- The wife is not currently pregnant
- The parties have determined how to divide their assets and liabilities
- No alimony settlements are involved
- The parties agree to sign the Petitions and go to the final hearing together
An uncontested divorce is a much shorter process than a contested divorce. If both parties cooperate and fill out all of the required legal applications, an uncontested divorce can be resolved in as little as four to six weeks.
Unresolved issues in the divorce could complicate the process. Alimony, child custody and/or child support, could make the process take up to six months or longer.
Seek A Knowledgeable Divorce Attorney
Considering divorce? Seek a knowledgeable divorce attorney to assist you. Failure to do this could result in filing the wrong forms or delaying the divorce process — especially if you want to have an uncontested divorce in South Florida.
For a free consultation, contact the experienced attorneys of The Ticktin Law Group today.