Do You Qualify for an Uncontested Divorce?
Most couples expect that a divorce will be a long and contentious process, but for certain couples the process of divorce can be fairly straightforward, fast, and happen with minimal argument between spouses. Some couples filing for divorce in Florida qualify for an uncontested divorce, which streamlines the process because the couple agrees on all of the terms of the divorce agreement. There are many requirements to qualify for an uncontested divorce, and you should still seek the counsel of a qualified attorney to ensure that your legal needs are being met during this process. To learn more about uncontested divorces, call or contact Blair H. Chan, III in Tampa today.
Requirements of an Uncontested Divorce
Only eligible couples can file for an uncontested divorce in Florida. Spouses that are allowed to file for this type of divorce must meet the following requirements:
- No minor children under the age of eighteen, biological or adopted
- The wife is not pregnant
- At least one spouse has lived in Florida for six months
- Spouses agree on the distribution of marital assets and debts
- Neither spouse is seeking alimony
- Both spouses agree that the marriage is broken and want an uncontested divorce
If the couple does not meet even one of these requirements, they must file for a traditional contested divorce. Uncontested divorces only work for spouses who both want a divorce, wish to end their marriage amicably, and are willing to work with each other in a cooperative manner to settle all issues prior to filing. Another benefit to the uncontested divorce is that you can waive the filing of a financial affidavit because both spouses agree to the division of assets.
Why You Still Need a Lawyer
Even though you and your spouse may qualify for an uncontested divorce, you should still hire an attorney to help you through the process for a number of reasons. First, you need to draft a finalized divorce agreement to submit to the court along with the other filings required for an uncontested divorce. A lawyer can help you draft all the necessary paperwork for your divorce hearing. Second, your lawyer can attend the court hearing with you to ensure that you meet the requirements of an uncontested divorce and answer any questions that the judge has about your case.
Third, a divorce attorney is necessary if the uncontested divorce falls through. If one spouse suddenly disagrees on the distribution of property, or the wife discovers she is pregnant, the couple no longer qualifies for an uncontested divorce. You will have to file for a contested divorce, which does require the services of an experienced divorce attorney, and you have to start from the beginning of the entire process. By hiring an attorney from the start, you will have a lawyer that understands the full scope of your divorce and be able to provide the best possible representation for your case.
Call Our Office Today
To speak with a knowledgeable Florida divorce attorney about filing for an uncontested divorce, call or contact the office of Blair H. Chan, III, in Tampa today.