It is never easy to admit that your marriage isn’t working. When dealing with problems within the marriage, the last thing either one of you wants is to go through a messy divorce. However, unlike what the stereotype of painful divorces would have you believe, many divorces that occurred are considered uncontested – or simple – divorces, which means that not only was the divorce a mutual decision, but that each partner of the marriage agreed on each and every aspect of the divorce. This arrangement is so uncommon in various forms of popular culture that it almost seems too good to be true. In many situations, this may not be far from the truth as not every couple will agree on every aspect of a pending divorce; for those that can, however, uncontested divorce is not only faster and easier, but much less expensive to boot.
Qualifying for an Uncontested Divorce
The first step to pursue an uncontested divorce is for one – or both, but at least one – partner in the marriage to declare that the marriage is “irretrievably broken,” which means that the marriage cannot be repaired through marriage counseling or any other attempts to salvage the marriage. Ideally both parties should want a divorce as the couple is much more likely to agree on relevant issues, but only one party must want a divorce in order to pursue it. For Florida residents, at least one partner of the marriage must have lived in Florida as a legal resident for at least six months prior to filing for an uncontested divorce. Beyond the declaration of a broken marriage and Florida residency, there is nothing else that needs to be proven for an uncontested divorce in the state of Florida, unlike other states, which may require proof of adultery, domestic abuse, or other serious issues that would naturally lead to divorce. If both partners of the marriage agree to all aspects of the divorce, uncontested divorce forms may be used in order to pursue an uncontested divorce.
Pursuing an Uncontested Divorce
In order to dissolve a marriage through uncontested divorce, both partners of the marriage must agree on a series of issues related to the divorce: division of assets/debts, alimony, and use or sale of marital home. If there are any children involved in the divorce, both partners must also agree on the child support recipient and amounts. Each spouse must also agree to a parenting plan, which designates time-sharing plans and drop-off and pick-up times. Many other uncontested divorce forms are necessary for all uncontested cases regardless if any children are involved. Each partner of the marriage must submit a financial affidavit and a Notice of Social Security. A single Marital Settlement Agreement must be completed by both parties together. Beyond these forms, there are no additional requirements for an uncontested divorce. If all issues have been 100% agreed upon by both partners of the marriage, then the marriage can be successfully dissolved.
If you have any questions about uncontested divorce forms, or if you would like to speak about your options, please contact North Tampa Law Group at (813) 518-7411 or complete a free online case evaluation. We represent clients during stressful and difficult times in their lives. We are empathetic, responsive, and push for a quick resolution. We look forward to helping you resolve your issue quickly, fairly, and in a way that will help you to return to the stable, predictable life that you deserve.