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The Pros and Cons of an Uncontested Divorce in Florida
An uncontested divorce is where both spouses agree to divorce and have no major or outstanding disagreements concerning important divorce issues, such as property division, spousal support, and a parenting plan. An uncontested divorce usually will not involve a hearing in court and involves far less paperwork.
In contrast, a contested divorce is where one or both of the parties cannot reach an agreement as to a major divorce issue. Unlike uncontested divorces, which can take as little as one month in Florida, a contested divorce can be a complex process and take several months to even years to complete.
Who is Eligible for an Uncontested Divorce in Florida?
Uncontested divorce will be available to only those Florida couples who mutually agree upon the decision to divorce one another. In addition, you and your spouse must have a basic understanding of major issues in a divorce, such as spousal support, parenting plans, and property division. An uncontested divorce attorney can assist you in this area.
With an understanding of the issues, the spouses must then be able to agree on resolution of these concerns. This can take a little time, compromise, and possibly outside help, but most couples who express a willingness to work together to obtain an uncontested divorce can make it through the process.
What are some of the Pros and Cons of Uncontested Divorce in Florida?
An uncontested divorce has several advantages over a traditional one in Florida, such as:
Despite these many Pros, an uncontested divorce may not be suitable in all circumstances. One of the main drawbacks is:
An uncontested divorce means that the spouses agree on the division of marital property, alimony, and child custody, support, and visitation. The spouses sign a Marital Settlement Agreement and go to court for a quick hearing to finalize the divorce. The cost of an uncontested Florida divorce is usually minimal. It generally takes 30 days after the parties sign the Marital Settlement Agreement for the court to finalize the uncontested divorce. This time will vary depending on how busy the courthouse is, but an uncontested divorce with both spouse's participation is typically the fastest.
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