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Simplified Dissolution and Uncontested Divorce in Florida


Most divorces do not go to trial.  Meanwhile, most divorce cases involve lawyers, and the cases where the parties start out representing themselves without hiring lawyers are often the ugliest of all; they are at least as likely to go to trial as the cases where the parties worked with lawyers from the beginning.  Your divorce probably will not end with a court battle that drags out for years, even if your marriage was plagued by drama from the start.  On the hand, picture perfect amicable divorces are rare.  Most people who gush about their conscious uncoupling on social media are as phony as everyone else on social media.  In the majority of cases, the parties disagree about at least one issue related to property division, alimony, or parenting time, and they must reach an agreement during mediation.  If you think that your divorce case is simpler than most, you are probably right, and it may be possible to get an uncontested divorce, which is faster and less costly than full-fledged divorce proceedings.  Even if you choose this route, you should still work with a Boca Raton divorce lawyer.

Simplified Dissolution of Marriage

The fastest and least expensive path to divorce is through simplified dissolution of marriage, but only some couples are eligible for this option.  Through this process, you can finalize your divorce in just a few months.  To qualify for simplified dissolution of marriage, the following must be true:

  • At least one spouse has resided in Florida for at least six months.
  • Both spouses agree to seek a simplified dissolution of marriage.
  • The parties do not have minor children together, and neither spouse is pregnant.
  • The parties agree on all matters related to property division.
  • Neither spouse is requesting alimony.

In theory, it is possible for high net worth couples to divorce through the simplified dissolution process.  In practice, most couples who go through simplified dissolution were only married to each other briefly, own little or no property together, and own separate property of only modest value.  Think teen sweethearts who quickly realized that they were not ready for marriage.

You Can Get an Uncontested Divorce Even If You Don’t Qualify for Summary Dissolution

If you and your spouse have already agreed on matters of property division, but you don’t meet at least one of the other qualifications for summary dissolution, you may be able to get an uncontested divorce.  Couples who have children together can get an uncontested divorce, but they must agree to the terms of a parenting plan before they file their divorce petition.  In an uncontested divorce, the parties file one divorce petition jointly instead of one spouse filing a petition and the other filing a response.  You and your spouse should meet with a divorce lawyer together or separately before you file for uncontested divorce.

Contact Schwartz | White About Uncontested Divorce

A South Florida family law attorney can help you and your spouse get an uncontested divorce.  Contact Schwartz | White in Boca Raton, Florida about your case.



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