How Long Does an Uncontested Divorce Take in Miami?

Miami Divorce Lawyers Breakdown Timeline and Steps for an Uncontested Divorce in Florida

Uncontested divorces in Miami, Florida, have the potential to take six weeks to three months to complete. However, the length of time your individual case will take can vary depending on factors such as the availability of court dates, the complexity of the divorce, and the particular county court's processing time.

If there are any disputes or issues that must be resolved in order to finalize the divorce (such as child custody or property division), the process can take longer. Additionally, if either party chooses to hire an attorney, the process may take even longer while they work out the details of their agreement.

If you are considering going through a divorce in Miami, and you and your spouse feel you may be able to use the uncontested divorce process, contact one of our skilled attorneys at Miami Family Law Group, PLLC. As a family law firm, our goal is to help you and your family move into a bright new future, reducing the conflict and toxicity that is often common in the divorce process.

Call us today at 305-520-7874.

The Uncontested Divorce Process

An uncontested divorce is a simplified divorce process, one where both of the spouses going into the divorce wish to work together on the terms of their divorce. This removes the need for mediation or court intervention, which can save both spouses time and money.

An uncontested divorce can be over in as little as six weeks, but most of the time, they take around three months. This depends on whether or not you and your spouse are truly on the same page or not. Any conflict will prolong the process.

If you and your spouse agree that divorce is necessary, and you want to work together, we still recommend that you seek legal representation from a law firm that is skilled at handling divorce cases.

Often, couples that enter the process believing they can proceed with an uncontested divorce find that their divorces become contested divorces. This often happens over the more contentious issues, such as child custody and the division of the marital estate. Securing representation means that you will have a legal advocate, no matter what direction your divorce takes.

At Miami Family Law Group, PLLC, when it comes to divorce in Florida, our team has years of experience. Our holistic approach is slightly different from many law firms, as we prioritize negotiation and mediation and are more than happy to work with couples who want to proceed with an uncontested divorce. We want families to work together so that they can preserve their relationships wherever possible.

Once you have agreed to representation from one of our team, you gain access to the vast resources at our command. We can put you in touch with various expert planners, such as child custody experts, mental health professionals, and financial professionals who can help you with things like high-value asset division.

We also assist with divorce modifications, guardianship, prenuptial agreements, and even adoption assistance as part of our legal services. Contact us today to arrange a meeting with a Florida divorce attorney by calling our law offices at 305-520-7874.

What Needs to Be Agreed Upon for an Uncontested Divorce?

For a Florida uncontested divorce to take place, the couple will need to have agreed upon all of their terms and resolved any conflict before the final hearing. This is different from contested divorce cases, where court involvement may be part of the legal process, and hearings will need to be held for the issues that are contested.

The issues that you will need to come to an agreement on may include:

Child Custody

One of the issues most likely to cause a breakdown in communication and stall the process is agreement upon child custody arrangements. This is because each parent's love for their child is absolute, even when their love for their spouse may have faded or has been lost altogether.

Both parties will likely want what is in the best interest of the children involved, but what this looks like to each party may be different. If the topic of child custody is beginning to pose a problem that may stop you from being able to go through the uncontested divorce process, you may wish to speak to your attorney and ask them to arrange a more formal meeting where they can help you negotiate with your spouse and their attorney.

Visitation or Parenting Time

Once you have decided who will be the primary custodian, which is the parent who is going to have the children living at their residence the majority of the time, you will need to create a fair and reasonable visitation plan. One of the most common plans that is used in Miami, is the alternating weekends plan, with one day during the week spent with the visiting parent.

One of the major benefits to an uncontested divorce is that you have full control over these arrangements. This means that you can modify them in a way that suits you both. If you think two days in the week and one weekend a month with the non-custodial parent works well for you and your chidren, you can create this plan. The courts, if they have to get involved, may simply rule that one of the more standard visitation schedules should be followed.

Child Support

The parent that becomes the primary custodian will usually be entitled to child support from the other parent in order to help them with things like clothing, food, and the price of providing a home for the child. There are legal limits on how much child support will be awarded, but again, you have the power to come to an agreement with your spouse that suits you both.

Child support agreements become legally binding as soon as your divorce has been finalized, meaning that you will be legally obligated to follow whatever you or the court decide upon.

Spousal Support

If one spouse has sacrificed things like a job, a career, or the potential to obtain an education, then they may wish to pursue spousal support. Spousal support is a temporary payment schedule where one spouse pays the other a certain amount until they can retrain, re-educate, and get back on their feet.

If you and your partner agree that one of you deserves to be paid spousal support, then you will need to decide what is a fair amount and for how long you think it is fair that they are paid that amount. What you decide will become legally binding once your divorce has been finalized, so we recommend having your agreements looked over by your legal representation.

Division of Property

Division of your property is another issue that is likely to cause conflict. Over the course of your marriage, you will likely have obtained a vast number of possessions and assets, and you may have made a lot of investments, saved a pot of money, and re-invested money into assets such as real estate property. Dividing this property in a way that you both see as fair may be difficult, but your divorce agreement must cover who is getting:

Real Estate

The real estate that you own together will need to be divided. This includes your family home, foreign property, holiday homes, and land. The family home is often a big point of contention.

In some cases, the primary custodian may wish to remain in the family home with their children, and they will need to buy the other spouse out of their share of the property. They may do this with savings or by remortgaging the house in their own name.

Cars, Boats, Planes

If you and your spouse have any vehicles, such as cars, boats, planes, or motorcycles, that are fully owned, you will need to decide what they are worth and the most appropriate way to divide them. One spouse may take a vehicle, and the other may need to pay them half its value for this to happen. If you have vehicles on payment plans or loans, one spouse may need to agree to refinance, removing the other spouse's name from the agreement.

Bank Accounts

You will also need to discuss what will happen to any joint bank accounts and the funds that are included. Many couples that are getting divorced will have known that things are not going well for some time. In these situations, one spouse may have started to use their own account, and one spouse may have carried on using the joint account.

In this situation, it may be as simple as contacting your bank and asking for a dissolution. By doing this, the joint account becomes a normal account, owned by that spouse. If you and your partner are still using your joint account together, all of the funds that are inside the account will need to be divided in a way you see as fair and reasonable, and the account can be closed by speaking to your bank.

Retirement and Investment Accounts

Even if you are pursuing an uncontested divorce you will still be required to provide a financial disclosure that may include things like retirement account statements. This is because it can be difficult for spouses who have savings accounts, investments, and retirement funds to decide what they are worth and how much each party should take at the current time.

If you speak to one of our team at Miami Family Law Group, PLLC, we can put you in touch with financial experts who can assist you in working out what your investments are worth, and more importantly, what they could be worth in the future. This should make it easier for you to divide your assets in a fair manner.

Personal Items, Household Goods, Furniture, Art

If you and your spouse have already separated in a physical sense, you may already be living in different houses, and it is likely that you have already divided your personal possessions such as furniture, art, household goods, etc. If this is the case, you can simply sign a legal note that the objects you each currently have in your possession become yours legally.

If you are still living in the same residence, the process of dividing your household property may be more difficult. We advise you to sit down with your spouse and make a list of all the important items in the household. You can then decide who gets what.

Loans

If you have taken out loans during the course of your marriage, you will need to decide what happens with them after your divorce. If the loans were taken out individually, they may carry on being paid by the individual, or the other spouse may agree to make a lump sum payment or carry on paying for their share.

If you have jointly taken loans, you may continue to pay them equally, or one party may refinance in their own name, and the other party may need to pay them for their share.

Credit Cards

If you have accrued any credit card debt together, you will need to discuss how payments will be made. We recommend that you attempt to pay off any debt that is in both of your names before addressing any individual debt.

Taxes

When it comes to tax laws, we highly recommend discussing how your taxes are going to change with a financial expert. We can put you in touch with a skilled tax expert who can talk you and your spouse through what the best route is to minimize any liability.

Uncontested Divorce FAQs

Contact Our Miami Uncontested Divorce Lawyers

At our firm, we strive to develop a trusting client-attorney relationship that will help you move confidently toward a better future. Our attorneys are experienced in both uncontested divorce proceedings and litigation, so you can trust that we will be with you every step of the way.

We prioritize negotiation and mediation to minimize costly court battles, and if it comes down to it, we are confident that our attorneys can fight your case successfully in court. Our team has over 30 years of experience and an unwavering commitment to our clients.

Contact us today at 305-520-7874 to arrange a meeting with one of our compassionate family lawyers.