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Before you decide, ask us to send you free written information about our qualifications and experience.
UNCONTESTED DIVORCE
An uncontested divorce means that the parties agree on all issues, such as division of property and debts, and alimony, child support and visitation, if applicable. Each party must make full financial disclosure (divulge their finances) to the other. Among other things, the parties each need to prepare a financial affidavit and file it with the Court. If there is child support involved, a child support guideline worksheet must be prepared.
For an uncontested divorce, the attorney draws up a Marital Settlement Agreement and the parties go to Court for a very short final hearing. (It is not always necessary for both parties to attend the final uncontested divorce hearing.) The cost should be minimal and the case can usually be wrapped up within thirty days of the time that the parties come to an agreement.
An uncontested divorce means that the parties agree on all issues, such as division of property and debts, and alimony, child support and visitation, if applicable. Each party must make full financial disclosure (divulge their finances) to the other. Among other things, the parties each need to prepare a financial affidavit and file it with the Court. If there is child support involved, a child support guideline worksheet must be prepared.
For an uncontested divorce, the attorney draws up a Marital Settlement Agreement and the parties go to Court for a very short final hearing. (It is not always necessary for both parties to attend the final uncontested divorce hearing.) The cost should be minimal and the case can usually be wrapped up within thirty days of the time that the parties come to an agreement.
UNCONTESTED DIVORCE IN 30-45 DAYS
Florida Is a No-Fault State
CONTESTED DIVORCE
A contested divorce is necessary when one or more issues cannot be resolved between the parties and it is up to the Court to decide these issues in a trial without a jury. Contested divorces are more costly and take longer than an uncontested divorce.
The procedure for a contested divorce is more formal. The paperwork should be drafted by a qualified attorney and must be served upon the other party by a process server or the Sheriff's office. The responding party then has a period of time to respond to the paperwork. The contested issues concerning the divorce are presented in this paperwork, called pleadings.
Note: If there is a minor child of the marriage, you will not be given a trial date until both parties attend a 3-1/2 hour seminar on "Helping Children Cope With Divorce." You will be provided with a list of organizations offering the seminars to call and schedule your attendance.
A contested divorce is necessary when one or more issues cannot be resolved between the parties and it is up to the Court to decide these issues in a trial without a jury. Contested divorces are more costly and take longer than an uncontested divorce.
The procedure for a contested divorce is more formal. The paperwork should be drafted by a qualified attorney and must be served upon the other party by a process server or the Sheriff's office. The responding party then has a period of time to respond to the paperwork. The contested issues concerning the divorce are presented in this paperwork, called pleadings.
Note: If there is a minor child of the marriage, you will not be given a trial date until both parties attend a 3-1/2 hour seminar on "Helping Children Cope With Divorce." You will be provided with a list of organizations offering the seminars to call and schedule your attendance.
Florida is one of the many states that has abolished fault as a ground for divorce. This law lessens the potential harm to the husband and wife and their children caused by the process of divorce. All that is required is that the marriage be "irretrievably broken." Either spouse can file for the dissolution of marriage. All that has to be proved is that a marriage exists, one party has been a Florida resident for six months, and the marriage is broken. Fault, however, may be considered under certain circumstances in the award of alimony and determination of custody issues. There are two types of divorce: uncontested and contested. Whether a divorce is contested or uncontested depends on the parties themselves. If the parties can agree on every issue concerning their divorce, then they can proceed uncontested. If the parties cannot agree on every issue, then they must proceed with a contested divorce.
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