Some Parts of Divorce Don’t Have to be a Fight
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?
- Child custody
- Child support
- Visitation
- Spousal support
- Division of 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 is up to you 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, it costs less, and it is concluded quicker.
Two Types of Uncontested Divorce
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:
- You don’t have minor/dependent children, and your spouse isn’t pregnant
- You and your spouse want to file this way
- One of you has lived in Florida for a minimum of 6 months
- 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. These are only the tip of the iceberg with the differences between the two types of uncontested divorces.
1. Eligibility Criteria
Simplified Dissolution of Marriage:
- Both spouses must agree to end the marriage.
- No children under the age of 18 or dependent children can exist within the marriage.
- The wife must not be pregnant.
- Both parties must agree on the division of assets and liabilities.
- Neither spouse can seek alimony.
This option is suitable for couples with no major disagreements and simple financial arrangements.
Regular Dissolution of Marriage:
- There are no strict eligibility restrictions.
- It covers situations where there are disputes over property, debts, child custody, or alimony.
- Either spouse may file, even without the agreement of the other.
This option is ideal for couples with more complex relationships or unresolved issues.
2. Process Duration
Simplified Dissolution of Marriage:
- Typically faster than a regular dissolution.
- Filing and finalizing the paperwork can be completed within a few weeks to a couple of months, depending on court schedules.
- Since there are no disputes to resolve, the process moves efficiently.
Regular Dissolution of Marriage:
- Takes significantly longer, especially if disputes over assets, custody, or support arise.
- The process may take several months to over a year, depending on the complexity and court involvement.
- Lengthy negotiations or court hearings can delay resolution.
3. Legal Requirements
Simplified Dissolution of Marriage:
- Both spouses must appear together in court to file the petition.
- Final agreements on property and debts should already be documented and signed.
- Both parties waive the right to a trial or appeal.
Regular Dissolution of Marriage:
- A formal petition for dissolution is filed by one spouse.
- Court hearings or mediation sessions may occur to resolve disputes.
- Divorce terms can involve custodial arrangements, spousal support orders, and contested property divisions decided by the judge.
4. Conditions & Limitations
Simplified Dissolution of Marriage:
- Limited to cases involving mutual agreement and no shared children or alimony claims.
- Not suitable for couples with complex financial or familial situations.
- Requires cooperation and willingness to waive certain rights.
Regular Dissolution of Marriage:
- Provides legal options to address contested issues like child support or spousal support.
- Suitable for all couples regardless of circumstance, including those with children or significant assets.
- Can be emotionally and financially taxing due to its length and complexity.
5. Common Misconceptions
- Simplified dissolution is always “better.” While it’s faster and cheaper, it’s not an option for couples with contested issues or children.
- Regular dissolution means you will “lose” more. Many believe they’ll be at a disadvantage, but it allows for arbitration in disagreements, ensuring fairness.
- You can switch from one type to another. Once you file for simplified dissolution, switching to regular dissolution is uncommon unless eligibility changes.
Which Option Is Right for You?
Choose Simplified Dissolution of Marriage if:
- You and your spouse agree on all terms (property, debts).
- There are no children, and no alimony is sought.
- You want a quick, straightforward divorce.
Opt for Regular Dissolution of Marriage if:
- Disagreements exist around finances, children, or support.
- The marital situation is complex or involves legal disputes.
- You need court intervention to seek a fair settlement.
Understanding the differences can help you make an informed decision. If you’re unsure, consulting with an attorney or mediator can provide deeper insight specific to your circumstances.
Arriving At Uncontested Divorce
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. No one set way exists 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.
Contact C. Alvarez Law For Help With Your Uncontested Divorce
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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