Do We Qualify For An Uncontested Divorce?
You might. An uncontested divorce is a streamlined, simplified version of the divorce process that makes it possible for a couple to end their marriage in a little more than a month. This does not mean it should not be taken seriously – divorce is a serious subject and every divorce should be considered carefully. Consider pursuing an uncontested divorce by filing for a Simplified Dissolution of Marriage if you and your spouse meet the following criteria.
You May Not have Any Minor Children, Including Children on the Way
This is the simplest factor that can disqualify you for an uncontested divorce. Do you have any children under 18, are you pregnant, or is your spouse pregnant? If you answered “yes” to any of these questions, you cannot complete an uncontested divorce in Florida.
No Alimony in an Uncontested Divorce
If you or your spouse plan on seeking alimony, you cannot complete an uncontested divorce.
Alimony can be a more complicated topic than it initially seems. Before deciding to eschew your right to seek alimony, talk with an experienced divorce lawyer about how alimony is determined, the types of alimony available in Florida, and why it is important. It is more than just supporting a former spouse, it is often a way to “make up” for the earnings one spouse missed during his or her years devoted to the couple’s household and raising their children.
You and your Spouse Must Agree to Everything About the Divorce
In order to complete an uncontested divorce, you and your spouse must agree that the marriage is fundamentally broken and there is no plan to reconcile. You must also agree completely to your property and debt division plan, which you and your spouse must develop and submit to the court, rather than having the court make these determinations for you.
By choosing an uncontested divorce, you agree to waive your right to a trial to develop your settlement with the court’s aid. You also waive your right to appeal any decisions the court makes, which is a bit of a moot point because the court did not make any determinations for your divorce settlement with this type of divorce. The court does have some involvement, though. You and your spouse must attend a final hearing on the divorce, during which the court ensures that all criteria are met and all the paperwork for the divorce is in order. If there is a legal violation with your divorce, the court will address it at this hearing.
Work with an Experienced Tampa Divorce Lawyer
Before you and your spouse decide to file for an uncontested divorce, talk to an experienced Tampa divorce lawyer about your lifestyle and your needs to determine if this is the right choice for you. Not every couple is suited to an uncontested divorce, and there is nothing wrong with pursuing the type of divorce that best fits your needs. To learn more, contact our team at Bubley & Bubley, P.A. today to set up your initial consultation with us.