Uncontested Divorce Attorneys in Melbourne, FL
Melbourne Lawyer Guides You Through Uncontested Divorce
Divorce is never an easy process and can get heated. Over 500,000 divorces still occur in the United States each year, even though the divorce rate has been declining in recent years.
However, suppose the couple can maintain civility and understand how to divide the marital property, support issues, resolve child custody, and manage other things. In that case, they may wish to consider an uncontested divorce.
What is Uncontested Divorce?
An uncontested divorce occurs when both parties reach a mutual agreement (a settlement) or when one party files for divorce and the other does not respond or appear in court. At least 90% of divorces are uncontested, even though they may have started as contested before the parties involved come to a settlement.
It typically involves simplified documentation that includes filling in information about property and child custody, as well as a statement of the reasons for the divorce. Although it can be challenging for divorcing couples in many cases, uncontested divorce has significant advantages when applied to the right situations.
The court may issue a divorce if the other party consents to it (i.e., does not “fight” it) or does not show up in court. However, an uncontested divorce cannot be filed if the other spouse does not consent and submits the required court documents.
Before starting an uncontested divorce action, it is vital to be aware of your Florida’s laws.
Uncontested Divorce Requirements
There are two ways to get a divorce that is not contested. You can file for an uncontested divorce on your own or with legal counsel.
If you hire a family lawyer, that lawyer cannot represent both parties in an uncontested divorce. Since each spouse would have individual interests, a lawyer may only represent one of the parties, not both. Following ethical rules for lawyers, only one of you must be the attorney’s client.
A divorce petition proves both parties are aware of the situation and actively involved. Financial affidavits outlining the assets and debts of each spouse, a settlement agreement, and a proposed judgment are typically required in every jurisdiction before you can start the divorce process. Before issuing the divorce, some jurisdictions could additionally demand that you go to couples counseling. Most of the time, the required papers can be obtained at the clerk of the court’s office or online.
Once both spouses have approved, you provide the documents, sign them, and file them. That is all there is to it in some instances; your case will be handled in line with the paperwork, and you will receive your divorce verdict in the mail. You may be required to attend a hearing in some cases to attest that the divorce papers you signed were authentic and accurate and that you weren’t forced to sign them.
Advantages of Uncontested Divorce
There are several benefits of uncontested divorce, here are some of the most prominent ones:
The reduction in divorce fees is one of the main advantages of this kind of divorce. Even though legal counsel is frequently advised in all types of divorce, the simplified process has made court fees affordable and lowered attorney charges.
Anything included in a divorce proceeding that is not filed under secrecy (which is difficult) becomes public knowledge. In other words, in addition to the personal information one side charges the other, financial and other private information also becomes public knowledge. When neither side contests the divorce, less information is filed with the court that becomes part of the public record. Couples who consent to a divorce may be able to reduce the amount of private information made public in this way.
- REDUCING CONFLICT
Although conflicts constitute a significant part of divorces, with an uncontested divorce, such conflicts can be reduced to the minimum between the divorcing spouses by providing less opportunity for conflict. In addition, the conflict between the soon-to-be ex-spouses can be reduced by reducing back-and-forth requests for information and the number of court appearances required to settle contested divorce-related issues.
- SAVING TIME
Unlike contested divorce, most couples can obtain their divorce quicker with an uncontested divorce. It allows couples to move on with their lives since there are fewer hearings and legal wrangling.
disadvantages of Uncontested Divorce
- When filing for an uncontested divorce, parents and caregivers must include information about the child’s custody and support obligations. In some areas, if a couple has a child, the uncontested divorce process is not an option. The necessity of a court-ordered settlement of child custody disputes necessitates the more involved procedures found in a usual divorce.
- In cases of abusive partners, an uncontested divorce is not a good decision. One spouse will suffer an unfair advantage if there has been a history of domestic violence, emotional abuse, or other power imbalance in the marriage. That underprivileged spouse undoubtedly needs a lawyer to fight for them in challenging circumstances.
Finally, as couples, if you are not confident enough to handle the paperwork on your own or are not at ease with the legal system, uncontested divorces are not a good decision. Uncontested divorces are generally simple, but you still need to read and comprehend various documents, some of which will likely involve extensive financial disclosures from each party. If you find this concept scary, it could be a good idea to get legal counsel to help you through the process.
Please call (321) 985-0025 or contact us online to schedule an appointment at our Melbourne office. We look forward to meeting with you soon.
Over 47 years of legal experience