Category Archives: Uncontested Divorce in Florida

Florida Divorce Law and Uncontested Divorces

A divorce is not something that anyone getting married thinks about. Unfortunately over time circumstances can overwhelm a couple and there is no other choice. If there is no chance for the couple to reconcile their differences, divorce may become the only option left. The state of Florida is considered a no fault state. In Florida it only takes one spouse to declare the marriage irrevocably broken, and to state there is absolutely no chance of reconciliation.

To obtain a divorce in Florida, at least one of the parties must reside in the state of Florida for at least six months. The proceeding for the divorce is set in motion by filing a petition in circuit court. If the petitioner lives in Tampa, Miami or any other city, the petitioner should file in the circuit court of that particular city. The court then has the jurisdiction to grant the divorce. An uncontested divorce means that both parties generally agree on the important issues, such as division of property or custody of the minor children. Both parties then must sign a Marital Settlement agreement and go to court for a quick hearing to complete the divorce. The cost in minimal and generally takes about 30 days to complete. There are website that will fill out the paperwork using paralegal. This is only for uncontested divorces. A court appearance is still necessary.

In other circumstances a divorce may be granted on the grounds that the marriage is irrevocably broken. The mental capacity of the spouse can be one reason. The spouse must have been mentally incapacitated for at least three years. Florida does not recognize legal separation how ever does have provisions concerning spousal support and child support. A spouse may be ordered to maintain the financial support of his or her spouse and minor children. The court will determine custody and visitation rights of both parties. If the two spouses cannot come to an agreement, the court may order mediation. Mediation is a discussion between both parties, sometime their attorneys will be present. The court will appoint a mediator. There is also a summary divorce in Florida that could be an option as well.

Florida is an equitable distribution state on the whole. If there are relevant factors such as the contribution to the marriage by each party, the economic circumstances, or the desirability of keeping the marital home as a residence for the dependent children, are just a few of the factors that come into play. Alimony may be granted on a temporary basis such as rehabilitative reasons to give the ex spouse time to find suitable employment or to get into some sort of training program. If the soon to be ex spouse is unable to work due to a disability, alimony may be permanent,various factors can come into play such as age, standard of living during the marriage or the contribution each partner brought to the marriage. If the spouse has worked and supported the household while the other has been going to school and has become successful, alimony will be taken into consideration in all fairness.

Divorce is not something anyone like to go through. Knowing the divorce laws of the state can help make the transition go smoothly for everyone involved.