Divorce can be fraught with animosity and disagreement, but some couples find themselves in a far different situation. Spouses who are able to agree on the major issues involved in divorce may be candidates for an uncontested divorce.
What is an uncontested divorce?
Sometimes referred to as a “simple divorce”, in a divorce that is uncontested spouses must be able to agree on the major issues including:
- how they will share parenting time and parenting responsibilities
- the amount and duration of any child support
- the amount and duration of any spousal support/alimony
- the division of all property
- the division of all debt
Who is an uncontested divorce best for?
The process of a divorce that is uncontested is simplest for couples who have no minor children and few assets. If a couple has minor children, they must agree on all the major issues or negotiate with one another until they have reached complete agreement. It also works best if each spouse is self-supporting or can easily become self-supporting.
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When is uncontested divorce not a good option?
This type of divorce is not a recommended path for couples with complex situations and major disagreements. It should also never be used by a spouse who has experienced or fears domestic violence.
What are the advantages of a divorce that is uncontested?
The most obvious advantage is cost. By avoiding court proceedings and instead paying only the court filing fees or attorney fees related to preparing paperwork and helping with limited negotiations, a couple can significantly reduce the expense of divorce. From an emotional perspective, divorce that is uncontested can reduce conflict and speed up recovery time. It also offers more privacy as nothing goes on the public record.
Should a Florida Divorce lawyer be used in uncontested divorce?
If a couple can communicate well, they may be able to negotiate directly. However, if this is not possible, couples should enlist the services of a mediator or attorneys for assistance in resolving any minor disagreements they may have.
Each situation is unique. In general, it is advisable to enlist an attorney to review the agreement before it is signed because you could be giving up substantial legal rights.
Can spouses going through a divorce that is uncontested share a lawyer?
No. If legal assistance is employed, both parties should have their own lawyer. An attorney can represent only one party and be focused only on their needs. The unrepresented spouse could therefore be at a significant legal disadvantage.
Board Certified Marital and Family Law Attorney Charles D. Jamieson understands that divorce is an extremely sensitive and important issue. Thanks to extensive experience and a focus on open communication, Attorney Jamieson adeptly addresses the complex issues surrounding divorce while delivering excellent personal service. To discuss divorce in Florida, please contact The Law Firm of Charles D. Jamieson, P.A.The Law Firm of Charles D. Jamieson, P.A. or call 561-478-0312.
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