What’s The Difference Between A Simplified And Uncontested Divorce In Florida?

While divorce is often portrayed as a courtroom battle on television and in the movies, most divorces never see a courtroom. In fact, most divorce agreements are hammered out in a conference room with the help of a third-party, unbiased mediator. These are known as uncontested divorces. In addition, you can pursue a simplified divorce in Florida. While all simplified divorces are uncontested, not all uncontested divorces are simplified. In this article, the Orlando family lawyers at Greater Orlando Family Law will discuss the key differences between simplified and uncontested divorces.

Simplified divorce in Florida 

Simplified divorce is appropriately named. It allows a couple to untie the knot in as few as three weeks. On the other hand, very few couples will actually qualify for a simplified divorce. To be eligible, you must meet the following requirements:

• The spouses cannot have minor children together, and the wife cannot be pregnant.
• The spouses must agree that the marriage is irretrievably broken.
• Neither spouse can pursue alimony.
• The spouses must agree on how they will divide assets and liabilities.
• Both spouses must go to the clerk’s office to sign the petition, although they do not have to go together.
• Both spouses must be willing to attend the final hearing together.
• Both spouses must waive their right to a trial and appeal.

Even couples who meet the requirements may find it difficult to pursue a simplified divorce. The couple must submit a signed Marital Settlement Agreement to the court. The standard form does not include the language necessary to decide certain issues, such as dividing retirement accounts or a quit claim deed that releases the marital home to one spouse. For that reason, it’s important to work with an experienced attorney even if you are pursuing a simplified divorce.

Uncontested divorces in Florida 

If a couple can agree on all aspects of their divorce (property division, alimony, child custody, child support), then they can pursue an uncontested divorce in Florida. There are few restrictions on this type of divorce. For example, a couple can still have children and pursue an uncontested divorce. One spouse may be entitled to alimony, as long as both spouses can agree on the amount and duration. Uncontested divorces take around six months to complete.

Uncontested divorce can avoid the courtroom, legal fees, and substantial attorney fees. If even one issue remains unresolved, then the divorce is still considered contested.

Talk to an Orlando Divorce Attorney Today 

The Orlando family lawyers at Greater Orlando Family Law represent the interests of Orlando residents during their divorce. We can help you with a simplified divorce, an uncontested divorce, or a contested divorce. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.