You can shave time off a contested divorce in Florida by entering mediation or even aiming for an uncontested divorce, if possible. During mediation, the two parties can come to agreements about certain aspects of the divorce, in the process resolving some matters that would otherwise take days in the courtroom.
It is not always ideal to get a contested divorce in Florida as this is a lengthy process that generally involves proving the other spouse has fault in the failure of the marriage to work.
There are alternatives to a contested divorce in Florida, but in the event that such action is inevitable, you will certainly need a lawyer to help you work out the divorce proceedings and represent you in court.
The judge is authorized for contested divorces in Florida to order marital counseling before allowing couples to proceed with a divorce. This is not used often, but is a possibility.
It is almost always better to try to negotiate through a contested divorce to eliminate some sticking points and move towards facilitating a quick end to the contested divorce issue. Contested divorces are also public, which may become an embarrassment for some couples if others are noting their marital discord with interest.
In a Florida uncontested divorce, the attorney draws up a Marital Settlement Agreement which the parties sign. And the parties then go to Court for a very short final hearing. (It is usually not necessary for both parties to attend the final hearing.)
Florida divorce law provides a process called a 'Simplified Dissolution of Marriage. ' Couples can use this to get a quick divorce, about 30 days from filing to finalization, as long as they have complete agreement on the terms of the divorce and it's uncontested.
The following forms are common to all dissolution cases, unless otherwise noted:Civil Cover Sheet (Form 12.928). ... Petition for Dissolution of Marriage. ... Family Law Financial Affidavit. ... Affidavit of Corroborating Witness (Form 12.902(i)). ... Notice of Social Security Number (Form 12.902(j)). ... Service Forms.More items...
The cost of uncontested divorce in Florida is: Under $500 if you complete the paperwork yourself and file without a lawyer. Under $650 if you get online help with the paperwork and filing instructions to file without an attorney. Around $3,000-$5,000 if a lawyer takes care of everything.
An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.
three to five yearsSo in case of divorce by mutual consent, it usually takes 18-24 months. In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court.
A contested or opposed divorce means that you and your spouse cannot reach an agreement regarding how to end your marriage or the terms and conditions of your divorce. Contested divorces can drag on for years, causing emotional draining and financial loss to all involved.
Florida allows the use of online divorce services to complete the paperwork required for an uncontested divorce. There are several different kinds of divorce in the state, some of which online divorce is ideal for. Other types of divorce may require the help of a divorce attorney.
Depending on your jurisdiction, you will either complete a Final Judgment of Simplified Dissolution of Marriage, Florida Family Law Rules of Procedure Form 12.990(a), and bring it with you to the hearing, or the judge will prepare it at the hearing.
If you receive assistance such as welfare, food stamps, social security income, unemployment assistance, disability or any other type of government assistance, you will most likely qualify for the court filing fee waiver. Also, keep in mind the size of your family when figuring out if you qualify based on your income.
Divorce in Mutual Agreement Filing for a divorce in mutual agreement is always cheaper. This avoids having to hire a process server or sheriff to serve the divorce papers to your spouse. You will also save on court mandated mediation, hiring an attorney and maybe even having to pay for their legal fees.
A contested divorce is when the spouses are unable to mutually agree on the terms of their divorce and instead use lawyers and the court system to reach an agreement. By using the court system to decide the terms of the divorce, the parties' disagreements do not prevent them from legally ending their marriage.
Fault based divorces are exceptionally limited by Florida divorce lawyers. Unlike other states, there are only two grounds for divorce, mental incompetence or the marriage is broken. Incompetence can only be used if a judge has ruled the spouse incompetent for more than three years.
You can shave time off a contested divorce in Florida by entering mediation or even aiming for an uncontested divorce, if possible. During mediation, the two parties can come to agreements about certain aspects of the divorce, in the process resolving some matters that would otherwise take days in the courtroom.
After the petition to divorce is filed, the judge will make a determination on if the case may proceed. This may result in counseling or having the petition thrown out if it is on unsuitable grounds or fails to meet residency requirements.
A deteriorating relationship does not benefit from a contested divorce and the child often do not benefit from the results of a contested divorce. The judge is authorized for contested divorces in Florida to order marital counseling before allowing couples to proceed with a divorce. This is not used often, but is a possibility.
Contested divorces are also public, which may become an embarrassment for some couples if others are noting their marital discord with interest. Attempting to prove fault in divorce is contentious and disheartening work, which will lead to a lack of trust between the two parties.
Terms of the divorce include matters related to the children, which includes support and timesharing (previously called custody and visitation) alimony and dividing up the assets and debts. The divorce is uncontested if you and your husband have worked out all of the details pertaining to these issues.
Going through a divorce is a difficult process, even if both parties want to end the marriage. Understanding the different terms related to divorce actions in Florida can help reduce the stress and anxiety you might feel as you begin discussing divorce options. While it is not difficult to understand the difference between an uncontested and contested divorce, there are distinct consequences of choosing to go one route over another route.
Many people assume that the main difference in a contested and unconte sted divorce action is proving fault for the breakup of the marriage. However, Florida is a no-fault divorce state. Therefore, you can obtain a divorce by simply stating that the marriage has ended because you and your spouse have irreconcilable differences.
Couples who do not need court involvement to mediate the terms of a divorce may file for an uncontested divorce. An uncontested divorce, or joint divorce petition, means both parties agree on every aspect of the divorce. Spouses must agree on terms such as:
The uncontested divorce process is shorter than the contested divorce process but still requires spouses to draft documents and conduct a legal review. The uncontested divorce process in Florida follows these basic premises:
A contested divorce is any case that is not uncontested. If a couple disagrees on any terms of the divorce, spouses may hire divorce attorneys to assist in mediation to find agreeable terms. Spouses who cannot reach an agreement about divorce terms are subject to the Florida court’s finalization of the terms of their divorce agreement.
The process of a contested divorce has more steps and takes longer than an uncontested divorce. The Florida contested divorce process should follow this timeline:
Spouses need to attend court for a judge to approve their contested or uncontested divorce. A trial is only necessary for a contested divorce.
Uncontested divorces can require no mediation. Although an uncontested divorce may not require mediation, spouses should still hire a divorce attorney to draft or review any agreements.
The amount of time a divorce takes can depend on the judge, county, or parties involved. The average uncontested divorce takes about three months, while the average uncontested divorce takes about one year.
If you are not able to agree on everything, set it for a trial date .
If a response has been filed, you cannot request a default. Your best option would be to prepare a written agreement in the form of a stipulated judgment or marital settlement agreement, along with all of the proper judgment forms, sign everything and file it. If you are not able to agree on everything, set it for a trial date. If she does not appear, the court will enter judgment without her input.
What You Can Expect in a Contested Divorce 1 If you receive a countersuit, you’ll need to file a reply. 2 You’ll then begin the process of collecting and examining evidence from the other side. 3 You’ll need to appear in court to litigate temporary or preliminary issues (things such as child custody or child support during the divorce and possession of the former marital residence during the divorce). 4 Depending on your state, you may need to attend mandatory mediation sessions. 5 Plan to go to trial. However, remember a trial leaves the possibility of a judge ruling against you. You still have the option to settle before you go to trial. While you may have to give up something, you won’t risk a negative decree from the judge. 6 You can also pursue a bifurcated divorce, in which you end the marriage, but continue to resolve issues like alimony and child support.
In addition, a contested divorce can cause a great deal of stress to you and your spouse. It is always best to try and resolve issues without going to court, but that of course isn’t always possible for every couple nor is it the right decision for every couple.
An uncontested divorce is a completely transparent solution for the parties involved that typically takes less than one month to complete. Neither party has to go to court. The spouses work together to formulate a resolution that is acceptable to each of them. The spouses, rather than a judge, are in control of their own destinies.
There are typically two major issues for a court to decide in a divorce – the sharing of minor children and financial division of assets and liabilities.
Each parent is required to pay child support under Florida statutory law, which is calculated by the court based upon the income of each party, the number of children, and the number of overnights with the children. Child support is a right of the child, so the parents are unable to waive this requirement.
Florida does not recognize separation. Both spouses are typically liable for the actions of the other spouse until such time that one party files for divorce. Therefore, be careful of the frivolous actions of one spouse.
Seldom will an attorney give you the advice to spend less money in litigation, but for most divorces in Florida, that is exactly the recommendation being made here.
There are actually two types of uncontested divorce in Florida: A standard uncontested divorce and a simplified uncontested divorce. If you and your spouse do not have minor children and neither party is seeking alimony, you may be eligible to file a Petition for a Simplified Dissolution of Marriage.
Florida law only requires a judge to wait 20 days from the time a divorce petition is filed to grant a divorce, and even this waiting period may be waived. This means that the length of time it takes to get divorced in Florida depends largely on whether your divorce is contested or uncontested ...
Moore P.A., our Clearwater uncontested divorce attorney is committed to helping clients find effective, efficient, low conflict solutions. If you have questions about uncontested divorce, we can help get answers and find the best path forward. For a fully private initial consultation, please contact our family law team now. We serve communities all around the area, including in Pinellas County, Pasco County, Manatee County, and Hillsborough County.
Also called a divorce agreement, these agreements address everything from property division and debt division to child custody and child support.
Whether you are getting a standard divorce or a simple divorce, the uncontested divorce process typically involves at least one court hearing. While there are some exceptions, this court hearing comes after the parties have reached a final Marital Settlement Agreement.
Once everything is settled in writing, there will be a very brief final hearing where the agreement will be entered into the official record. Both spouses can attend the hearing. That being said, the divorce can usually be finalized if only one partner attends the hearing.