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What Is an Uncontested Divorce, and What Are the Benefits?

November 8, 2022 by Family Lawyer 3 Comments

If you and your spouse meet the requirements to file for an uncontested divorce in Florida, you may be granted your dissolution of marriage without ever needing to enter a courtroom.

When you think of a couple going through a divorce, you may think of how it’s portrayed in the media – shouting matches in front of a judge, knock-down-drag-out fighting, and other negative portrayals. However, dissolving a marriage doesn’t have to be contentious. Many couples prefer to dissolve their marriage through an uncontested divorce.

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If you’re considering divorce, you and your spouse may be granted your dissolution of marriage without ever needing to enter a courtroom.

Before considering the benefits of an uncontested divorce, it’s essential to understand what it is and how it works.

What Is an Uncontested Divorce?

Simply put, an uncontested divorce means that both parties agree on all issues, such as child support, child custody, division of property, and spousal support. Nothing is left for a judge to decide, so the divorcing couple never needs to enter a courtroom.

Uncontested divorce works well for couples who are both ready to end the old chapter of their lives. If the couple can agree on every issue in the divorce, they can proceed with an uncontested divorce by constructing a settlement. It requires a lot of paperwork, but once both parties agree, the judge will sign off on their terms.

To qualify for an uncontested divorce, 3 main issues must be resolved first. These are:

  • Equitable distribution
  • Alimony
  • Parenting or time-sharing

These issues may be resolved between the spouses directly, or the parties may reach a settlement agreement after attending mediation. It is highly recommended that a qualified divorce lawyer at mediation represent each spouse to ensure they understand their rights and what they agree to at mediation.

Benefits of an Uncontested Divorce

There are several ways in which an uncontested divorce can be beneficial. First, an uncontested divorce process leaves complete control of the situation in the hands of the divorcing couple. If they do not agree with the mediator’s suggestions, or one spouse is not yet content with the resolution, the couple can continue negotiating until both parties are satisfied.

The other benefits of an uncontested divorce include the following:

  • The divorce process is much quicker
  • Less expensive than a contested divorce
  • The spouses maintain control, not a judge
  • Less contentious and stressful for the children
  • The process is much more private and confidential

As with any Florida divorce, there is a 20-day waiting period after filing for an uncontested divorce before the judge can enter a Final Judgment dissolving your marriage. Some counties in Florida do, however, allow you to avoid court altogether and can often finalize the divorce shortly after the 20-day waiting period.

Florida Uncontested Divorce Attorney

Ending a marriage is never an easy process. But the process is a little easier when a couple has the right circumstances for an uncontested divorce. Hiring a Florida uncontested divorce attorney can help you and your spouse ensure that you cover all your bases and that there are no delays in finalizing your case.

Contact Pinellas Family Lawyer to request a free consultation. We help families navigate uncontested divorce in Florida.

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Whether you are contemplating divorce, have already been served with dissolution paperwork, or need help settling paternity or child custody disputes, call us today.

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Filed Under: Legal Tagged With: uncontested divorce

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    December 14, 2022 at 6:00 pm

    […] matters of family law, our firm understands that resolving your issues by means of an uncontested divorce generally yields the best results for both parties. Ending a marriage is never an easy process. But […]

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  2. Reasons You Need a Lawyer for an Uncontested Custody Case says:
    December 29, 2022 at 8:38 pm

    […] on your parenting plan, it’s critical to understand that legal issues still arise in uncontested custody cases. These issues can impact your parental rights and lead to disputes over what you assumed was […]

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  3. What Is the Most Common Shared Custody Arrangement? says:
    January 29, 2023 at 7:31 pm

    […] you and your spouse have chosen uncontested divorce or will decide on custody issues in court, Pinellas Family Lawyer can […]

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Uncontested Divorce in Florida

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