Seminole County, Florida Family Law Firm Offers Competent and Compassionate Legal Representation
One of the most important considerations in a Florida divorce is whether it will be contested or uncontested. In an uncontested divorce, the parties have worked out all of the important issues concerning the divorce, including the valuation and division of property, alimony, child support, and child custody issues, and can complete the process outside of court (although the court must approve their written agreement).
A divorce is contested if the spouses cannot come to an agreement regarding the terms. The fee regarding a contested divorce depends on how much conflict there actually is. If most of the issues can be resolved pre-trial, the costs will typically be considerably less. Generally, a divorce trial is much more costly, both financially and emotionally, than resolving a couple’s issues through mediation or negotiations.
Basics of an Uncontested Divorce
If a Florida couple wishes to pursue an uncontested divorce, they must both want a divorce and agree on the distribution of marital assets and liabilities, alimony, and the terms of child custody, visitation, and child support.
To be eligible for an uncontested divorce in Florida, the spouses must:
- Have lived in the state of Florida for at least six months before filing for divorce
- Agree that the marriage cannot be saved
- Have worked out the details regarding the division of property, assets and liabilities, alimony, and child custody, visitation, and support, if applicable, and outline all the terms in a Marital Settlement Agreement
- Make full financial disclosure to the other party through completion of the Financial Affidavit form
- Sign the Florida uncontested divorce petition in the presence of a deputy clerk in the clerk’s office
- Appear together before a judge at the final hearing
Contact an Orange County, Florida Divorce Attorney Today
If you have questions about contested and uncontested divorce in Florida, contact Longwood divorce lawyer Stanley M. Silver, Attorney at Law, P.A. online or call (407) 869-1616 to schedule your free initial case evaluation today.