What Is an Uncontested Divorce in Florida?
An uncontested divorce is generally the simplest, fastest, and least expensive way to get divorced in Florida. But the term uncontested is frequently misunderstood.
An uncontested divorce means that both spouses have already reached an agreement on all the issues that need to be resolved in their divorce.
It doesn't mean that you haven't spoken to your spouse in years, that your spouse won't participate in the divorce, or that you believe your proposed settlement is fair and your spouse should agree to it.
What Do You Have to Agree On?
Before proceeding with an uncontested divorce, both spouses should have reached an agreement on all applicable issues, including:
Property division: Who will keep the house, vehicles, bank accounts, retirement accounts, and other assets?
Debts: Who will be responsible for mortgages, credit cards, loans, and other debts?
Alimony: Will either spouse pay or receive spousal support?
Children: If you have minor children, how will you handle timesharing, parental responsibility, child support, and other parenting issues?
The agreement doesn't necessarily need to be formally written or signed before you hire an attorney. Your attorney can prepare the necessary documents to memorialize the terms. But both spouses should already understand and agree to the basic terms.
What Is NOT an Uncontested Divorce?
Some common situations are mistakenly described as uncontested:
"We haven't spoken in years, so I don't think they'll contest it."
Not necessarily. If you haven't discussed the terms of your divorce, you don't know whether your spouse agrees. The fact that you've been separated for years doesn't make your divorce uncontested.
"My spouse won't sign anything or respond to me."
That's not an uncontested divorce. Depending on the circumstances, you may be able to pursue a default divorce if your spouse fails to respond after being properly served. But a default is a different legal process, and it doesn't automatically entitle you to everything you request.
"I don't think my spouse has any reason to disagree."
An uncontested divorce requires actual agreement, not an assumption that the other spouse should agree. Even if your proposed terms seem completely reasonable to you, your spouse may have a different perspective.
"We agree that we want a divorce."
Agreeing to end the marriage is a start, but it isn't enough. You also need to agree on how to resolve the financial and parenting issues that come with divorce.
What If We Agree on Almost Everything?
If you agree on most issues but still have a few unresolved questions, you may be able to reach a complete agreement through negotiation or mediation.
For example, you might agree on who keeps the marital home but disagree about how much equity one spouse should receive. Or you may agree on a parenting schedule but disagree about child support.
Those issues need to be resolved before the case can proceed as a fully uncontested divorce.
Do Both Spouses Need an Attorney?
No. In many uncontested divorces, only one spouse hires an attorney to prepare the necessary documents.
However, an attorney who represents one spouse does not represent both spouses, even when they agree on everything. The other spouse may choose to have an independent attorney review the proposed agreement before signing.
Will We Have to Go to Court?
Not necessarily. In Tallahassee (Leon County), it may be possible to finalize an uncontested divorce without either spouse attending a court hearing, provided the case meets the applicable requirements and the necessary documents are properly submitted.
However, a final hearing may still be required depending on the circumstances of your case, the assigned judge, or the county where your divorce is filed. Procedures vary by jurisdiction, so you should not assume that an uncontested divorce automatically means you will not have to appear in court.
Is an Uncontested Divorce Right for You?
If you and your spouse have already agreed on how to divide your property and debts, whether alimony will be paid, and any applicable parenting issues, an uncontested divorce may be an efficient and cost-effective option.
If you haven't reached an agreement, you may need legal advice or assistance negotiating the terms before proceeding.
At Baxter Law, we represent clients in uncontested and contested divorces in Tallahassee and throughout North Florida. Our uncontested divorce services are designed for spouses who have already reached an agreement and need an attorney to prepare the necessary legal documents and guide the case through the court process.
Learn more about our Tallahassee divorce services or schedule a consultation to discuss your options.