Uncontested Divorce · Clearwater, Florida
Uncontested Divorce Lawyer
If you and your spouse agree on all issues of your divorce, the uncontested process is the fastest and most affordable way to finalize it. Pinellas Family Lawyer handles uncontested divorces across Florida from our Clearwater office, with flat-fee representation and no courtroom battles.
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From $1,750
Start Your Uncontested Divorce
Uncontested divorce representation for as little as $1,750 plus filing fees for cases with no assets and no children. Start with a free 15 minute phone consultation.
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The Basics
What Is an Uncontested Divorce in Florida?
Technically, no law defines an “uncontested divorce.” It is typically considered one in which the parties are in complete agreement on all issues of the divorce, and no trial is needed. To file an uncontested divorce, you and your spouse must agree on all issues before filing your divorce paperwork with the court.
Even Tom Brady and Gisele filed for an uncontested Florida divorce (after mediation with their respective attorneys), showing that even high net worth cases and cases with minor children can be resolved through the uncontested divorce process.
Do You Qualify?
3 Issues You Must Resolve to Qualify for an Uncontested Divorce
The three main issues are equitable distribution, alimony, and parenting or time-sharing. These may be resolved between the spouses directly, or through a settlement agreement reached at mediation. It is highly recommended that each spouse be represented by a qualified divorce lawyer at mediation so they understand their rights and what they are agreeing to.
1. Equitable Distribution of Marital Assets and Liabilities
If you and your spouse acquired any assets (things you own) or liabilities (money you owe) during your marriage, you have marital assets and liabilities. If so, you will need to prepare and sign a Marital Settlement Agreement that spells out which spouse will be awarded each asset and liability.
Before signing, Florida law requires full financial disclosure. This has two parts: a Financial Affidavit, which must be filed with the court before your divorce is granted (unless you filed a Simplified Divorce), and an exchange of financial documents, which can be waived if both parties agree. The full list of required documents is in Florida Family Law Rule of Procedure 12.285.
2. Alimony
You and your spouse must agree on whether either of you will pay alimony, and if so, how much and for what duration. You may both agree to waive your right to alimony. If either spouse has questions about whether alimony should be paid, both spouses should consult a Florida divorce attorney to fully understand their rights. An agreement to pay alimony may be modifiable and can have long-term consequences for the paying spouse.
3. Parenting Issues
Three areas must be addressed if you and your spouse have dependent or minor children. (If you have a child who will remain dependent into adulthood due to a disability, speak with a licensed family law attorney.) Even when both spouses agree on a parenting plan, the court must still find that the plan is in the best interest of the child.
Parental Responsibility
Who makes the major decisions affecting your child’s life, typically medical care, education, and religious upbringing. Most parents agree to shared parental responsibility, making these decisions together. If you do not agree to shared parental responsibility, we recommend consulting a Florida divorce attorney.
Parenting Plan
Before filing, you and your spouse must prepare and sign a Parenting Plan governing your post-divorce co-parenting relationship: timesharing, holiday schedules, communication between parents and with the children, out of state travel, and more. The Florida Supreme Court publishes a standard form here.
Child Support
Both parents have an obligation to support their children financially. The court requires a Child Support Guidelines Worksheet based on both parents’ income, certain child expenses, and overnights with each parent. If you want to deviate from the calculated amount, contact a Florida divorce attorney, as additional motions and evidence are required.
Why Hire an Attorney
Cover All Your Bases Before You File
If you have assets and minor children, you and your spouse have a lot of issues to work out before filing an uncontested divorce. A Florida uncontested divorce attorney can help you cover all your bases so there are no delays in finalizing your case, and can represent you in mediation to help you reach a fair agreement before filing.
As with any Florida divorce, there is a 20 day waiting period after filing before the judge can enter a Final Judgment dissolving your marriage, so don’t expect it to be finalized overnight. Some Florida counties do allow you to avoid court altogether and can often finalize the divorce shortly after the 20 day waiting period.
Hassle Free Uncontested Divorce From $1,750
Uncontested divorce representation for as little as $1,750 plus filing fees for cases with no assets and no children. Schedule a free 15 minute consultation with a licensed Florida divorce lawyer to start the process.
What Clients Are Saying
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Start Your Uncontested Divorce Today
If you and your spouse are in agreement, the uncontested process can save you time, money, and stress. The first step is a free phone consultation.