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Do You Qualify for an Uncontested Divorce in Florida?

ESTATE PLANNING Attorney, NONPROFIT, BROWARD, MIAMI Corporate, Business ATTORNEY, > Family Law  > Do You Qualify for an Uncontested Divorce in Florida?

Do You Qualify for an Uncontested Divorce in Florida?

If you are considering divorce, you may be feeling overwhelmed by the prospect and unsure of where to start. It is easy to understand why. We all know couples who have spent years and fortunes on seemingly endless divorce battles only to both end up completely emotionally and financially depleted. However, this is not the only way. Under Florida law, there are options available that would allow you to have a very different experience of divorce. That is not to say that divorce is ever easy, but if you and your spouse are committed to making this a collaborative process, as opposed to an adversarial one, an uncontested divorce may be a great, efficient, and cost-effective option for you. 

Threshold Criteria for a Florida Uncontested Divorce 

There are some threshold criteria that an individual must meet in order to file for an uncontested divorce in Florida. First, at least one of the spouses must have been a Florida resident for at least six months. Additionally, there must be legally recognized grounds for the divorce. In order to be eligible for an uncontested divorce, a couple must assert a “no fault” ground for the divorce. There are two ways for a couple to assert a no-fault grounds for divorce. The spouse filing can either claim that their marriage is irretrievably broken or that the other spouse is mentally incapacitated. In order for the latter to apply, the spouse must have been declared legally incapacitated for at least three years prior to filing. An irretrievably broken marriage is by far the most common ground asserted. Essentially, that is just telling the court that both spouses agree that the marriage is broken and no time needs to be spent litigating or hashing out why or if that is the case. 

Types of Florida Uncontested Divorce 

Under Florida law, there are two types of uncontested divorce, a simplified dissolution of marriage and a regular dissolution of marriage. A simplified dissolution of marriage is by far the fastest and easiest route, however, in order to file for this type of divorce, the couple cannot have any minor, dependent, unborn, or adopted children under the age of 18 at the time of filing. Additionally, the couple must already have agreed on how all assets and debts will be divided. For the many couples who do not qualify for a simplified dissolution of marriage due to the no-children requirements, a regular dissolution of marriage can move forward as uncontested and will still be less costly and time-consuming and more streamlined and collaborative as compared to a traditional divorce. 

Talk to a Miami Family Law Lawyer 

If you are considering divorce and are wondering if an uncontested divorce, or another option, may be best for you, contact the SG Law Firm to schedule a free consultation. Our experienced family law lawyer will give you personalized feedback based on your specific situation, and help you determine the best way to move forward. Do not waste another minute. Call today and get the knowledge and support you have been missing. 

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