An uncontested divorce in Orlando, FL allows a couple to end their marriage and go their separate ways without the cost and time of fighting in family court. However, the couple must agree to all terms of the divorce settlement. If not, the case is contested and goes to trial.
If you have questions about an uncontested divorce, contact our Orlando uncontested divorce lawyers at Conti Moore Law Divorce Lawyers, PLLC at (407) 831-0203 for a free consultation. We provide a personalized approach and customized strategy to serve our clients’ best interests. Contact us to schedule a free consultation today.
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How Our Orlando Divorce Attorneys Can Help You With an Uncontested Divorce
Even an uncontested divorce requires the spouses to settle several issues that may result in disagreements. You must agree on the terms for property division, spousal support, child support, and child custody. If disagreements arise, you need an attorney to help protect your rights and interests.
When you hire our top-rated attorneys in Orlando, Florida, we handle all matters related to your divorce, including:
- Work with you to prioritize the terms you want for a divorce settlement
- Explain the Florida divorce process and how the law applies to your case
- Prepare a divorce agreement that is fair and in your best interests
- Negotiate with your spouse for favor divorce terms
- Represent you in court, if necessary
We have over 50 years of combined experience. Since 2012, we have helped families find solutions that work best for them. Call Conti Moore Law Divorce Lawyers, PLLC, to schedule your complimentary, confidential consultation with an Orlando divorce attorney.
What Do Spouses Need to Agree Upon for an Uncontested Divorce in Orlando, FL?
If you seek an uncontested divorce, you and your spouse must agree on the terms of the divorce settlement. You may begin the divorce with an agreement or negotiate a settlement after you file the divorce papers.
An uncontested divorce means that you and your spouse agree on all issues related to your divorce. Those issues include:
- Which of your assets are marital assets/debts and separate assets/debts
- How to divide your marital assets and debts
- Whether either of you will pay alimony (i.e., spousal support), and if so, how much to pay
- Who will have primary care of your children (e.g., custodial parent)
- The terms of a parenting plan and visitation schedule
- The amount of child support to be paid
A judge reviews your divorce settlement as part of the final hearing. The judge may not approve the divorce settlement if the terms are clearly unfair or unlawful. Judges can change the terms related to child custody and child support if the terms are not in the best interest of your children.
What Happens if an Uncontested Divorce Becomes Contested?
Spouses may enter a divorce with the intent of resolving the divorce terms amicably. Unfortunately, your best intentions might not be sufficient to avoid conflict. A divorce is contested if you and your spouse disagree about even one term.
A contested divorce is placed on the trial docket. The parties engage in discovery. During discovery, the spouses exchange information and evidence. The information aids the parties in building their case, but it can also promote settlement negotiations.
The case is scheduled for a trial if the parties continue to argue about any issue in their divorce case. After hearing the evidence and testimony of both spouses, a judge makes a final decision regarding any disputed matters.
What Are the Differences Between an Uncontested Divorce and a Simplified Dissolution of Marriage in Florida?
A simplified dissolution of marriage is a form of an uncontested divorce. However, it is only available for couples who meet specific criteria. The criteria for a simplified dissolution of marriage are:
- The spouses want to divorce.
- The parties do not have any minor or dependent children together, and the wife is not pregnant.
- The spouses agree on how to divide their property and debts.
- Neither spouse is seeking alimony or spousal support.
- Both parties agree to waive the right to a trial and appeal.
You and your spouse must agree to appear at the clerk of court’s office to sign the petition for simplified dissolution of marriage. You must also agree to appear together at the final hearing. You cannot obtain a simplified dissolution of marriage if you do not meet the criteria or agree to appear together at the final hearing.
How Long Does It Take to Obtain an Uncontested Divorce in Orlando, FL?
An uncontested divorce can be quicker than a contested divorce because there is nothing to argue in court. The uncontested divorce process could take less than two months if spouses submit a proposed divorce settlement.
The court will not enter an order for at least 20 days because the non-filing spouse has 20 days to respond to the divorce papers. After that date, if both spouses ask the court to approve their proposed divorce settlement, the time depends on how long it takes the court to schedule a final hearing.
Schedule a Free Consultation With One of Our Orlando Uncontested Divorce Lawyers
Even though you can file for divorce without an attorney, it is unwise to proceed without legal advice. Because an uncontested divorce can turn into a heated battle, it is better to have legal counsel before you begin the process. Call Conti Moore Law Divorce Lawyers, PLLC at (407) 831-0203 to schedule a free consultation with one of our Orlando uncontested divorce lawyers.