Top 5 Mistakes Couples Make During an Uncontested Divorce in Florida

1. Failing to Disclose All Assets and Debts Fully

One of the biggest mistakes couples make is not fully disclosing their assets and debts. Florida law requires that both parties provide complete and honest financial disclosures. Some couples may think hiding assets or debts is easier, assuming it won’t matter in an uncontested divorce. However, this can lead to serious legal consequences.

• Why It’s a Problem: If one party later discovers hidden assets or debts, they may be able to challenge the divorce agreement, leading to delays, additional legal fees, and a potentially contested divorce. A court may even impose penalties for failing to disclose financial information.

• How to Avoid It: Be transparent from the start. Gather all financial documents, including bank statements, property deeds, investment accounts, and any outstanding debts. Full disclosure ensures both parties are treated fairly and helps prevent issues down the line.

2. Not Properly Addressing Child Custody and Support

In an uncontested divorce, both parties must agree on child custody, visitation, and support. Some couples make the mistake of creating vague or incomplete parenting plans or overlook Florida’s legal guidelines for child support.

• Why It’s a Problem: Without a clear and detailed parenting plan, disputes may arise in the future over visitation schedules, decision-making authority, and child support payments. Florida courts will always prioritize the child’s best interests, and an incomplete agreement may not meet the legal requirements.

• How to Avoid It: Work with a divorce lawyer to ensure that your parenting plan covers all necessary details, such as time-sharing arrangements, holiday schedules, and transportation responsibilities. Ensure that child support is calculated according to Florida’s guidelines to prevent legal challenges later.

3. Rushing Through the Marital Settlement Agreement

The marital settlement agreement (MSA) is the cornerstone of an uncontested divorce. This document outlines how property, assets, debts, and other critical issues will be divided. Some couples, eager to move on, may rush through drafting the MSA without fully understanding its long-term impact.

• Why It’s a Problem: If important details are left out or unclear, it can create confusion or disagreement in the future leading to additional unnecessary legal fees later. Additionally, once the MSA is signed and approved by the court, it’s legally binding, making it difficult or impossible to modify later.

• How to Avoid It: Take your time when creating the MSA. Review all terms carefully and consult with a Florida divorce attorney to ensure the MSA covers everything, from the division of retirement accounts to future alimony obligations. Make sure both parties fully understand what they are agreeing to.

4. Misunderstanding Florida’s Residency Requirements

To file for an uncontested divorce in Florida, at least one spouse must have been a state resident for at least six months. Some couples mistakenly assume that either spouse’s recent move to Florida is enough to qualify.

• Why It’s a Problem: If residency requirements aren’t met, the court may dismiss your divorce petition, delaying the entire process and potentially affecting your legal rights.

• How to Avoid It: Ensure that at least one spouse has proof of residency, such as a Florida driver’s license, voter registration, or other official documentation showing they’ve lived in the state for at least six months. Don’t file until you meet this requirement to avoid delays.

5. Assuming You Don’t Need a Lawyer

An uncontested divorce may seem straightforward enough to handle independently, especially if you and your spouse agree on most issues. However, many couples make the mistake of thinking they don’t need a lawyer at all.

• Why It’s a Problem: Even in an uncontested divorce, legal paperwork must be completed accurately, and agreements must comply with Florida law. If any mistakes are made, the court may reject your paperwork, or worse, you may end up with an unfair settlement.

• How to Avoid It: Hiring an experienced divorce lawyer helps ensure that your divorce paperwork is filed correctly, all agreements are legally sound, and your legal rights are protected. A lawyer can also help you avoid the common pitfalls that lead to costly delays or disputes down the road.