Uncontested Dissolution
Many clients call the office and say they want an uncontested dissolution of marriage. In a perfect world everyone should want and be able to obtain an uncontested dissolution of marriage, where all issues are amicably resolved and they have a peaceable, expeditious and cost- effective divorce.
However, most of the time, what someone thinks is an uncontested divorce is not, as defined under Florida law, truly uncontested.
There are only a few true instances of an uncontested divorce, and these are:
A Simplified Dissolution of Marriage, which requires that:
- At least one of the parties has lived in Florida for six months or more
- You have no minor children with your spouse, and the wife is not pregnant
- You have worked out how you will divide what you own and what you owe, and you agree to this division
- You do not want to go to trial and are giving up your right to ask a court to change your agreement (appeal)
- Both your spouse and you agree to file together and sign a joint petition for divorce
- Both your spouse and you are willing to attend a final hearing
A Petition for Dissolution of Marriage where:
- After the petition is filed with the Court, your spouse files an answer and waiver, and
- In the answer and waiver your spouse agrees with everything in your petition (i.e.: division of property, division of debts, alimony, child support and a parenting plan) then you do, in fact, have an uncontested divorce.
Is Your Divorce Uncontested?
The answer is yes, only if:
- At least one of you has lived in Florida for 6 months or more
- You do not have any minor children
- You have already agreed how to divide all property and debts
- You file a petition jointly with the Court and
- You both attend the final hearing
-OR-
- You file a petition for divorce and
- Your spouse files an answer and waiver with the Court agreeing to everything you stated in your Divorce Petition.
However, if either you or your spouse do not agree about division of property, division of debts or other matters in the divorce, then you have a contested dissolution of marriage.
Even when a party believes their spouse is going to agree to everything, often times this simply is not the situation once papers are filed and the spouse is served with these papers. The Law Offices of Cindy S. Vova, P.A. has spent decades helping families make the right decision as to how to proceed with their divorce and family law cases. We will spend the time listening to you and help you determine if your case is uncontested, and then help you get through the process quickly.
We also offer options when you are not sure if your case is truly uncontested. We help you decide if pre-litigation alternatives may be the best route to help resolve your case. These alternatives to simply filing a petition with the court may help resolve those matter that, although not truly all uncontested, give you an opportunity to fully resolve your case before your matter become a contested and protracted divorce.
If you have a question, comment, or concerns, call us at one of the numbers below or email us at info@vovalaw.com
- Broward / Miami Office
954 – 316 – 3496 - Boca / Palm Beach Office
561 – 962 – 2785
