What are Some Ways to Prepare for an Uncontested Divorce?
For many couples, a divorce can be a long, drawn out and highly contentious process with many billable hours and emotional battles. However, there are some couples to recognize the natural ending of their marriage and want to simply dissolve their union in a cooperative and easy manner, salvaging the relationship. Therefore, some couples opt for an uncontested or simplified divorce. Working with a knowledgeable Orlando Divorce Attorney can help you to reduce the conflict that sometimes arises from a process lasting longer in court.
In order to proceed with a simplified or uncontested divorce, you must meet certain qualifications. The court requires: no minor children exist between the parties, and the wife is not currently pregnant; neither spouse is claiming a need for alimony support; at least one party meets the statutory resident requirement and has lived in Florida for the last 6 months; the parties are in agreement with the distribution of marital assets and liabilities; you are willing to waive your right to a trial and appeal; and both parties agree there is a breakdown of the marriage that cannot be repaired and they wish to proceed with a simplified dissolution of marriage.
With your petition for a simplified dissolution of marriage, you may also file with the court a complete financial affidavit. However, both parties may waive this requirement if they feel as though financial disclosures are unnecessary. It is imperative to discuss this waiver with your Orlando Divorce Attorney as you may be waiving your right to the knowledge of certain assets. Whether you have waived financial disclosures, you must plan to divide your marital assets and debts. Therefore, making a list with your partner of the items and how they will be distributed is critical. Some couples choose to sell off assets together to pay down debt in order to minimize the amount to be distributed, simplifying the process even more. The final portion of your petition may also include a marital settlement agreement. Although not required, it is highly encouraged. This agreement will note the waiver of financial affidavit and disclosures, if you chose to do so, the mutual agreement of dissolution, as well as the complete property division. With a simplified or uncontested divorce, you and your spouse are in full control and may split and divide your assets in any way you please. However, it is crucial to allow your Orlando Divorce Attorney to be apart of this process to ensure your rights are protected.
The final process is a hearing before a judge. Both parties must be present for this hearing and the judge will review your petition and subsequent documents. They may explain the legal ramifications of these proceedings and ensure you understand them. They will ask for identification and proof of residency as well as a property settlement agreement distribution between the parties. After determining your paperwork is in order, the judge will sign the final judgement and dissolve your marriage.
Simplified or uncontested divorces work for many couples who wish to end their time together amicably and cooperatively. Even though most items are dealt with between you and your spouse, it is in your best interest to discuss these plans with an Orlando Divorce Attorney to ensure you are not missing any significant details and that your settlement protects you moving forward.
Speaking to an attorney at our Orlando office is free of charge, and we accept calls 24 hours a day, 7 days a week. Contact us at 407-512-0887 or complete an online contact form to get in touch with a member of our team today.