Filing for an uncontested divorce in Florida can seem overwhelming, but the process is much simpler than you might think. When both spouses agree on all terms—like property division, child custody, and alimony—the divorce moves faster and with less stress.
This guide will walk you through the steps to file for an uncontested divorce in Florida, helping you understand what to expect and how to prepare.
Step 1: Confirm Your Eligibility
Before you file for an uncontested divorce in Florida, make sure you meet the legal requirements. At least one spouse must have lived in Florida for six months before filing. This residency requirement applies to all divorce cases in the state.
In addition, an uncontested divorce requires both spouses to agree on every aspect of the divorce, including:
- Division of marital property and debts.
- Custody and timesharing arrangements for minor children.
- Alimony or spousal support, if applicable.
If you cannot reach a full agreement, the divorce may become contested, which requires litigation to resolve disputes.
Step 2: Prepare the Necessary Documents
Filing for an uncontested divorce requires submitting specific forms to the court. These typically include:
- Petition for Dissolution of Marriage: This form initiates the divorce process.
- Marital Settlement Agreement: This document outlines how property, debts, custody, and support are divided.
- Parenting Plan (if children are involved): A detailed plan addressing timesharing, decision-making responsibilities, and other child-related matters.
- Financial Affidavits: Both spouses must disclose their financial information to ensure fairness in the agreement.
Many counties in Florida provide packets containing the required forms, which you can access online or at the courthouse.
Step 3: File Your Documents with the Court
Once your forms are complete, file them with the clerk of court in the county where you or your spouse resides. You’ll need to pay a filing fee, which varies by county but generally ranges from $414 to $450. If you cannot afford the fee, you can apply for a waiver by filing an Application for Determination of Civil Indigent Status.
After filing, the court will assign your case a number, and you’ll receive a notice with further instructions.
Step 4: Serve Your Spouse
In an uncontested divorce in Florida, formal service of process may not be necessary if your spouse agrees to the divorce and submits a signed answer to the court. This eliminates the need to hire a process server or involve the sheriff’s office, saving time and expense.
Strategically, it’s best to initiate the filing process only after all required documents are prepared and signed. These documents include your spouse’s answer, as well as the marital settlement agreement if children, assets, or liabilities are involved. By completing these steps beforehand, you streamline the process and avoid potential delays or additional costs.
When both spouses cooperate and agree to the terms of the divorce, serving process becomes a simple acknowledgment step rather than a formal delivery. This highlights the collaborative nature of uncontested divorces, making them faster and less stressful.
Step 5: Attend the Final Hearing
Once all documents are filed and the respondent has acknowledged service, the court will schedule a final hearing. This is typically a brief appearance before a judge, where they review the marital settlement agreement and confirm that both parties consent to the terms.
If the judge approves the agreement, they will issue a Final Judgment of Dissolution of Marriage, officially ending the marriage. In many cases, this hearing lasts less than 30 minutes.
Tips for a Smooth Process
To ensure your uncontested divorce proceeds without delays, keep these tips in mind:
- Double-check all forms for accuracy and completeness before filing.
- Communicate openly with your spouse to resolve any last-minute concerns.
- Seek legal guidance to ensure your agreement complies with Florida law and protects your rights.
Conclusion
Filing for an uncontested divorce in Florida is a manageable process when you know the steps involved. By meeting the eligibility requirements, preparing the necessary documents, and working collaboratively with your spouse, you can achieve a smooth and efficient resolution.
If you’re considering filing for an uncontested divorce, our experienced team is here to help. Schedule a consultation today to ensure your rights are protected and your process runs smoothly.
The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with our team today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.
Have more questions? Let us know by sending an email to: questions@legallotus.legal and we will do our best to develop content to provide you with direction and insight!
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