Is your divorce contested? Your lawyer may ask you this during your initial consultation if you are beginning the process. The difference between an uncontested divorce and a contested one is whether there is anything left for the court to decide. Have you and your former spouse reached an agreement on the following issues?
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Child custody
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Child support
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Visitation
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Spousal support
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How you will divide your marital property
Though the above list is not exhaustive, it covers many of the issues you and your spouse must work through. Your attorneys will assist and guide you through this process, but ultimately, it will be you who has to agree with the divorce terms. When one party cannot do so, then divorce becomes contested. One of the most significant reasons to resolve your issues outside of the court is because it gives you an element of control. Furthermore, they cost less, and they are concluded quicker.
Two Types
There are two different types of uncontested divorces in Florida: Simplified Dissolution of Marriage and Regular Dissolution of Marriage—the former being the more straightforward of the two. However, there are several conditions you must meet to file for a Simplified Dissolution of Marriage:
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You don’t have minor/dependent children, and your spouse isn’t pregnant
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You and your spouse want to file this way
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One of you has lived in Florida for a minimum of 6 months
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Neither party wants alimony
In addition to all of the above, you and your spouse must have agreed on terms that address the elements listed in the first section. So, how do you arrive at an uncontested divorce? Let us help.
Arriving At Uncontested
Be willing to listen—to everyone. That includes your attorney and your former spouse. There is no negotiating if you envision a specific outcome and refuse to entertain other options. And this applies equally to both parties. Imagine how frustrating it would be if someone sets an arbitrary amount for alimony or unjustifiably wants full custody. Although you may have good reasons for being firm, listen to your lawyer’s advice. They want what you want: the best outcome for you.
Furthermore, your parenting plan is an excellent way to reach an uncontested divorce. It explains where the children live and how much time they spend with each parent. There is no one set way to do this, and your attorney can negotiate and present a multitude of options. Additionally, there are many ways to agree. When negotiation stalls, you can still opt for mediation. Think of it as a different route to the same goal.
C. Alvarez Law
Our goal is to find resolutions that fit your needs. When you are in the midst of a divorce, you deserve an attorney who will strategically and respectfully get an agreement quickly. For help with your family law matter, contact C. Alvarez Law to schedule a consultation.
C. Alvarez Law
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