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 The Family Matters Law Firm. 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 305-916-4053.
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 6 weeks, but most of the time, they take around 3 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 The Family Matters Law Firm, 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 that want to proceed with an uncontested divorce. We want families to work together so that they can conserve 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 offer divorce modifications, guardianship advice, prenuptial agreements and even adoption assistance as part of our legal services.
Call us today to arrange a meeting with a Florida divorce attorney today by calling our law offices at 305-916-4053.
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 are:
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, and 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 present.
Once you have decided who the primary custodian will be, which is the parent who is going to have the children living at their residence, you will need to come to a fair and reasonable visitation plan. One of the most common plans that are used in Miami, is the alternating weekends plan, with a day in 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 2 days in the week and one weekend a month with the visitation parent works well for you both, 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.
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 homing 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.
If one spouse has sacrificed things like a job, career or the potential to attend further 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 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 a single property.
Dividing this in a way that you both see as fair may be difficult, but your divorce agreement must cover who is getting:
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 decide to remain in the family home with the children if they have children, and they will need to buy the other spouse out of their share. They may do this with savings or by remortgaging the house in their own name.
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 the vehicle and the other may need to pay them half its value for this to happen.
If you have vehicles on payments plans or finance, one spouse may need to agree to refinance, removing their spouse's name from the agreement.
You will also need to discuss what happens 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.
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 The Family Matters Law firm, we can put you in touch with financial experts who can assist you in working out what your investments are worth, and more importantly, could be worth in the future. This should make it easier for you to divide your assets in a fair manner.
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, it 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.
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.
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 any individual debt.
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 that can talk you and your spouse through what the best route is to minimize any liability.
In order to file for an uncontested divorce in Miami, you and your spouse will need to fill out a Petition for Dissolution of Marriage and submit it to the relevant county court with any other relevant documents, such as financial or parenting plans.
Yes, you must have lived in Florida for at least six months before filing for an uncontested divorce. Additionally, you must have been legally married for at least six months before filing.
No, filing for an uncontested divorce does not guarantee that your spouse will agree to the terms of the divorce. If your spouse contests any of the terms, your case may be moved to a contested divorce.
Most of the time you will not be able to modify the terms of an uncontested divorce after it has been filed. However, certain circumstances may allow for modifications to be made with permission from the court.
Yes, there is a 20-day waiting period after filing for an uncontested divorce in Miami during which both parties must attempt to resolve any issues related to their marriage.
If your spouse contests any of the terms after the initial filing period is over, your case will likely be moved to a contested divorce. At this point, you will need to attend court hearings and negotiations will likely take place until a settlement can be reached between both parties.
An uncontested divorce in Miami can typically be approved within a few weeks, depending on the court's backlog of cases.
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 305-916-4053 to arrange a meeting with one of our compassionate family lawyers.
The experienced attorneys and staff at Miami Family Law Group, PLLC are here to serve you Monday through Friday from 9:00 a.m. to 5:30 p.m. We understand that divorce is not a decision anyone takes lightly and want to help you move through the process as painlessly as possible. Call us at (305) 701-2901 to discuss your case. If you contact us outside of business hours, we will respond to you when our office opens the following day. We’re here for you because family matters.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.