If you and your spouse agree on all issues and want to avoid lengthy and expensive litigation, you should consider an uncontested divorce, also known as a simplified dissolution of marriage. An uncontested divorce allows parties to finalize their divorce efficiently while minimizing the stress, time, and legal costs that can add up during the litigation process.
What is a Simplified (Uncontested) Divorce?
In a simplified divorce, both parties are in full agreement on all terms, including property division, financial matters, and, if applicable, child-related issues. In Seminole County, Florida, one party may hire an attorney to prepare the necessary documents, or both parties may proceed without attorneys. When making this choice, consider the following: Under Florida Bar ethical rules, an attorney may represent only one spouse in a divorce case. If an attorney is retained, they typically represent the Petitioner only.
Do You Have to Go to Court for an Uncontested Divorce?
In most cases, when the Petitioner is represented by an attorney and all paperwork is properly filed, neither party is required to appear in court or attend a virtual hearing.
The divorce may be finalized as soon as twenty (20) days after the Respondent is served with a Summons or signs an Acceptance of Service. This saves families months or even years of litigation. Compared to contested divorces, which can last 18 months to three years, uncontested divorces allow families to move forward more efficiently and with more dignity.
Benefits of an Uncontested Divorce in Lake Mary
An uncontested divorce comes with many benefits, including a faster resolution, lower legal costs, reduced emotional stress, minimal court involvement, and more control over the final outcome of your case. When all parties agree on terms from the beginning, an uncontested divorce is often the best approach to a dissolution of marriage case.
What Documents are Required for an Uncontested Divorce?
When the Petitioner is represented by counsel, the attorney generally prepares and files the following documents:
- Petition for Dissolution of Marriage
- Marital Settlement Agreement
- Notice of Filing Petitioner’s Florida Driver’s License
- Notice of Social Security Number of Petitioner
- Notice of Related Cases
- Financial Affidavit of Petitioner or a Joint Verified Waiver of Filing Financial Affidavits
- Name Change Affidavit pursuant to Florida Statute § 68.07(3)(k), if a name restoration is requested
Before the court enters a Final Judgment, the Respondent must file:
- A Florida Supreme Court Financial Affidavit (if no waiver was filed), and
- A Florida Supreme Court Social Security Number Form pursuant to Florida Statute § 61.052(7).
What is Required When Minor Children are Involved?
If the parties share minor children, Florida law requires additional filings, including:
- COPE (Children Coping with Divorce) Class Certificate
- Affidavit of UCCJEA / Dependency Action
- Child Support Guidelines Worksheet pursuant to Florida Statute § 61.13(1)(d)(1)
- Affidavit Regarding Juvenile Dependency
- Notice of Social Security Number for the Children
- A fully executed Parenting Plan signed by both parents
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and arrange an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com
This article is for informational purposes only and does not form an attorney client privilege.