Miami Uncontested Divorce Lawyers

Compassionate Miami Uncontested Divorce Lawyers Providing Legal Guidance

When spouses feel they are on the same page when it comes to the terms of their divorce and are amicable enough to move through any disputes without conflict, they may consider going for an uncontested divorce. Here in Miami, Florida, these divorces are usually a lot quicker to finalize, and they will typically result in drastically lower costs than a contested divorce that requires a lot of court involvement.

If you are considering a divorce, your best first step is always to secure skilled representation from a family law attorney who handles divorce cases on a daily basis. Whether your divorce ends up being contested or uncontested, you will be thankful for an advocate who is there to educate you and ensure that your best interests and rights are protected.

Here at Miami Family Law Group, PLLC, our team of divorce attorneys is ready to help. We take a holistic approach, and we actively encourage couples to move forward with an uncontested divorce if they believe it is possible.

We have a large network of resources that we can employ on your behalf. Whether you need financial planners, child custody experts, or mental health professionals, we can put you in touch with the people you need. Our uncontested divorce attorneys offer a range of legal services, including divorce, post-divorce modifications, child custody, guardianship, prenuptial agreements, and more.

Schedule a meeting with a Miami uncontested divorce attorney today by calling our law offices at 305-520-7874.

What Is Uncontested Divorce?

An uncontested divorce is one where both couples have resolved all of the important issues that need to be resolved in order for the divorce to be finalized or are truly committed to coming to an amicable resolution without the need for mediation or court involvement. These major issues are:

Child Custody

When it comes to the divorce process, child custody arrangements are one of the most likely issues that will cause conflict and break down an amicable resolution. While both parents may have fallen out of love with each other, they will both still love their children very much, and this may mean both parents want custody.

If you and your spouse cannot come to an agreement on this, it may be necessary for your attorney to arrange a more formal meeting where they can help you negotiate with your children's best interests in mind.

Visitation or Parenting Time

If you have decided who will be the primary custodian already, you will need to consider a visitation schedule. This is the schedule that will dictate when your children spend time with each parent. The most common schedule is alternating weekends and one night a week with the visiting parent, and the rest of the time will be spent at the primary residence. There will also need to be plans for special events like Christmas, birthdays, and longer periods with the visiting parent in the summer break and spring break.

Child Support

In order to support the parent who has the child most of the time, child support is usually awarded. This means for your uncontested divorce to proceed, you will need to come to an agreement on what this looks like. This will become legally binding once the divorce is agreed upon, so you may wish to discuss it with your attorney.

Spousal Support

Spousal support is usually awarded when one spouse has sacrificed a career or education in order to look after the house and home. Spousal support is usually a point of contention in a contested divorce. If you and your spouse have come to an agreement that spousal support is fair, you will need to decide how much spousal support will be awarded and for how long, because it will become legally binding when your divorce is finalized.

Division of Property

Getting on the same page when it comes to the division of your marital assets is one of the more challenging aspects of an uncontested divorce. Many couples begin the discussions with the best intentions in mind but find that discussions break down when it gets tough.

Here are the major assets you will need to discuss and divide with your partner:

Real Estate

If you and your spouse own any real estate, such as the family home or vacation properties, you will need to decide what happens to it. This could be as simple as deciding that either the wife or the husband gets it, although this is rare. If this is the decision that you come to, you may still need to discuss how the other spouse is going to take their share of the equity out of the house.

If there is no equity, then the leaving spouse can simply leave. If there is equity, then it will be down to you and your spouse to decide on the appropriate price to buy out the other party. This may be done through the remortgaging of the house in one spouse's name, thus removing the other spouse and releasing funds to buy them out.

Cars, Boats, Planes

In an uncontested divorce, you will need to discuss who maintains ownership of any vehicles in the marital estate. If there were loans taken out to fund the purchase of the vehicles, you will need to come to an agreement regarding what happens to these loans. This may result in a refinancing in one party's name to remove the other spouse's name from the contract.

Bank Accounts

Before you enter uncontested divorce proceedings, you will need to decide how you are going to split the funds in any joint accounts. Often, when things get rocky, and divorce becomes likely, one party may get a new bank account, while the other party carries on using their joint bank account. In this situation, it may be possible to simply apply for a dissolution, which allows for the removal of one party's name from the joint bank account.

If you are still using the joint account together, you will need to decide upon a fair split of the funds that are in that account. After this division, the account will be closed.

Retirement and Investment Accounts

Working out who maintains ownership of which investments and deciding what happens to any retirement funds is another step that needs to be taken before an uncontested divorce can begin. Dividing a retirement account can be complex, and we highly recommend speaking to your uncontested divorce attorney, as they will have access to financial experts who may make the task a lot easier for you.

Personal Items, Household Goods, Furniture, Art

If you and your spouse are already living in different residences, it is likely that you have divided up your personal goods already. This can make this step a lot easier, as you can simply sign a note to say that each party is awarded the goods that are currently in their possession.

If you and your spouse are still living together, it is best to make a full list of the items that are in the house. You can then sit down with your spouse and agree upon who gets what after the divorce. You should write this down, making sure you detail the specifics. This will prevent any disputes from happening afterward.

Loans

If you have any loans, you will need to discuss how you are going to deal with them after the divorce. Individual loans are relatively straightforward. They may be paid solely by the individual who took the loan, or there may be an agreement that both parties will still contribute.

It can be more difficult when the loans are jointly titled, as it needs to be decided whether there will be a refinancing to remove one party's name.

Credit Cards

Credit card debt needs to be also discussed. If you and your spouse are co-borrowers on any credit card debt, this debt should be a priority. This may be done by one party taking a new credit card or loan that allows them to pay their half of the debt, then remove their name from the joint agreement. In other cases, one party may simply pay the debt off with their own savings.

Taxes

Understanding how your taxes are going to change can be difficult, and we highly recommend discussing your finances with your legal representation and a dedicated financial advisor so that you reduce your tax liability as much as possible.

How Uncontested Divorces Differ From Contested Divorces

With an uncontested divorce, you gain the advantage of speed and flexibility in your divorce. It will also cost a lot less in terms of legal fees and could remove all court involvement apart from the judge agreeing upon the decisions you have made together. However, for an uncontested divorce, there is one major hurdle: you and your spouse must agree on everything.

In a contested divorce, spouses cannot agree on one or more important issues, and there will be the need for court involvement where a family law judge makes the final decision. The main issues that lead to a contested divorce are issues regarding child custody and the division of assets. Contested divorces take a lot longer, and they may cost a lot more, because there will often be numerous hearings. Every issue will need its own hearing, and there will be court costs for each hearing.

There will also be increased legal costs in terms of your representation as they may need to:

• File a complaint
• File financial statements or other important documents
• Answer any petition or complaint if you are served
• Serve the other party when necessary
• Undergo the discovery process
• Go to trial on your behalf

The Differences Between At-Fault Divorces and No-Fault Divorces

A no-fault divorce is a different thing entirely from an uncontested divorce. A no-fault divorce simply means that you and your spouse are divorcing because of irreconcilable differences in the marriage. That is, you can no longer come together on important decisions and live together. An at-fault divorce is when one spouse is claiming the marriage has broken down due to the other spouse's actions. The only legal reason recognized in Florida for an at-fault divorce is when a spouse is mentally incapacitated.

How to Get an Uncontested Divorce

The best way to begin the process of your uncontested divorce is to speak to an uncontested divorce lawyer, one who can help advise you on the best approach to the process. With an advocate on your side, the uncontested divorce process is always a lot easier.

The first step is to figure out if you and your spouse are indeed eligible to file for an uncontested divorce in the state of Florida. You must have either been a resident for six months or have been married in Florida.

Next, you will need to gather all of the necessary documents, such as filling out the Petition for Dissolution of Marriage, and both you and your spouse will need to fill out affidavits relating to your finances. This will provide the courts with all of the necessary information relating to your financial assets and debts.

To file your petition, you will need to file it in either the county where you reside or the county where your spouse resides. You can file your petition either in person or by mail.

You will then be given a final hearing. In this hearing, a family law judge will look at your petition and ensure all of the relevant paperwork has been filed correctly and that your decisions are sound. They will look at each term of the divorce and make sure that you are both in full agreement. Once they have reviewed all of the paperwork, they will make a ruling on your divorce. If they approve, your divorce will be decreed, and you will be legally divorced.

This process can take several months, especially if the judge has any issues with the agreement. This is one of the reasons we recommend seeking legal representation from a skilled divorce attorney. They can make sure that your documents are filed correctly, reducing the chances that a judge will have any problems.

What Does a Couple Need to Agree on in a Florida Uncontested Divorce?

For a divorce to qualify as uncontested in Florida, the couple must agree on every issue related to dividing their shared lives. If you and your spouse are having trouble agreeing on any of the following issues, you can consider mediation to settle these issues out of court:

• The division of a business
• The division of real estate, personal property, or any other asset
• The allocation of outstanding debts
• Alimony
• Child support
• Child custody

Do You Qualify for a Simplified Dissolution of Marriage in Florida?

If you and your spouse both agree on the terms of the divorce and qualify for an uncontested divorce, you may want to consider a simplified dissolution of marriage. This is the fastest way to end a marriage in Florida, but not all couples qualify.

To qualify for a simplified dissolution, you and your spouse will need to meet these requirements:

• Both spouses agree the marriage is irretrievably broken.
• You have no minor children from the marriage.
• The wife is not currently pregnant.
• Neither spouse is seeking alimony.
• You must complete a Financial Affidavit, which is a written declaration about your finances.
• You must complete a property settlement agreement, which dictates division of property and debt issues.
• You must attend the final divorce hearing.

One or both spouses must also have lived in Florida for the past six months to qualify. Our experienced Florida divorce attorney team can help you determine whether this is the right path to a divorce for you and your spouse.

What Are the Steps of an Uncontested Divorce in Florida?

The first step in filing for an uncontested divorce is ensuring that you and your spouse qualify. To file in Florida, either you or your spouse must have lived in Florida for at least six months. You must also be in agreement on the legal reason for divorce and all issues in the divorce.

Once you are sure you qualify for an uncontested divorce, there are several additional steps to complete, including some important paperwork:

• Cover Sheet for Family Court Cases
• Petition for Divorce
• Child Support Guidelines Worksheet (if you share minor children)
• Uniform Child Custody Jurisdiction and Enforcement Act Affidavit (if you share minor children)
• Family Law Financial Affidavit
• Marital Settlement Agreement
• Notice of Social Security Number

We can manage the filing and fees in order to help you avoid missteps that could complicate the process. The next step would be to schedule your divorce hearing and receive your final divorce decree.

At Miami Family Law Group, PLLC, we want your divorce to be as painless as possible. If you qualify for an uncontested divorce, that is a great start. Our experienced divorce lawyers can walk you through these steps so you can focus on your future. Contact us today for a strategy session to discuss your unique case and coordinate your next steps to pursue an uncontested divorce.

Florida Uncontested Divorce FAQ

Contact Our Miami Uncontested Divorce Attorneys

Securing representation from a family law attorney here at Miami Family Law Group, PLLC will ensure that you have an advocate in your corner throughout the entire divorce process.

Our holistic approach means we take the time to build a client-attorney relationship that inspires confidence and allows you to focus on a bright new future. Whether you need help moving through the uncontested divorce process or you need a litigator who can fight your case in court, our attorneys are here to help. Our team prioritizes negotiation and mediation to help you avoid costly court battles, but if it comes down to it, there are no attorneys as fierce in the courtroom as us.

Utilizing over 30 years of experience, a team of experts, and a dedication to the needs of our clients, we will help you transition to a new life with confidence

Arrange a meeting with a compassionate family lawyer today by calling 305-520-7874 or contacting us online.