Uncontested Divorce

Because fighting with family doesn’t make sense. An uncontested divorce is the quickest and least expensive divorce you can obtain.

An uncontested divorce is one where the parties agree to the settlement in advance of filing any paperwork with the court. The pleadings are still required, by law, but the marital settlement agreement and parenting plan (if applicable) is agreed to without court intervention. The “Petition for Dissolution of Marriage” still needs to be filed by the party filing (referred to as Petitioner) for divorce, but the other party (referred to as Respondent) can waive the right to answer by neither admitting nor denying the allegations. Service of process can also be waived if the Respondent agrees to accept service and you can then save the costs incurred for serving the papers (typically around $75). Full disclosure is still required by both parties including a financial affidavit filed with the court and an exchange of 3 years of tax returns, and 3 months of statements representing the assets and liabilities owned by the parties, and proof of the disclosure is also filed with the court. After the filing of the initial pleadings and full disclosure, if the parties agree to and sign the marital settlement agreement (including parenting plan, if applicable) then the Petitioner can proceed to court on a final hearing before a Judge. Proof of residency is required at the final hearing of the Petitioner, who is the only party that has to attend the final hearing. There is a waiting period in Florida of at least 20 from the date of the filing of the petition before the Final Judgment of Divorce may be entered. It is possible, however, if you can prove that an injustice would result from even a 20-day delay, that the court may enter a Final Judgment prior to the 20-day waiting period ending. This type of divorce is typical when you have a short term marriage with no assets, no debts, and no minor children.