An Experienced Uncontested Divorce Lawyer for Miami and Florida
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, they are usually a lot quicker to finalize, and will 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 that handles divorce cases on a daily basis. Whether your divorce ends up being contested or uncontested, you will be thankful for an advocate that is there to educate you and ensure 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 or 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 305-916-4053.
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 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 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.
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 is any outstanding finance or 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 which, 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 representation, 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 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, or 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. Contest divorces take a lot longer, and 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 where 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. A no-fault divorce simply means that you and your spouse are divorcing because of irreconcilable differences in the marriage. I.E, 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 reasons for an at-fault divorce are when the other 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 auncontested divorce lawyer, one that 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 6 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 in 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
- Have no minor children from the marriage
- Not be currently pregnant
- Neither spouse is seeking alimony
- Complete a Financial Affidavit, which is a written declaration about your finances
- Complete a property settlement agreement, which dictates division of property and debt issues
- Attend the final divorce hearing
One or both spouses must also have lived in Florida for the past 6 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. First, 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’s 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
Who may file for divorce in Florida?
As Florida is a no-fault divorce state, anybody is entitled to file for a no-fault divorce. A no-fault divorce is a divorce under the grounds that the marriage is insupportable.
Does Florida require separation before divorce?
In Florida, state law does not require a couple to be separated before filing for a divorce. However, a court may consider the length of a couple's separation when deciding certain aspects of a divorce, such as spousal support.
How much does an uncontested divorce cost in Florida?
The cost of a divorce in Florida varies greatly depending on the complexity of the case and the willingness of each spouse to cooperate. Factors in uncontested divorce cases include the cost of the filing fee, attorney fees for arranging negotiation meetings, and the cost of filing documents correctly and on time.
Ultimately, the cost of a divorce in Florida is highly variable and depends on a variety of factors. To get a better understanding of the specific cost for your situation, it is best to consult with an experienced family law attorney.
How long will it take to get a divorce in Florida?
The length of time it takes to get a divorce in Florida can vary depending on a variety of factors, including the complexity of the divorce, the location of the parties, and the cooperation of both parties. Generally, the divorce process in Florida can take anywhere from two to six months.
How is marital property divided in Florida?
If you cannot come to an amicable agreement regarding the division of your marital assets, it may be necessary for court involvement.
Florida is an equitable division state. This usually means that all marital property is divided equitably. Equitable division is not the same as equal division. If the decision comes down to a family law Judge, they will start with a 50/50 split. They will then take into consideration any important factors that may warrant changing that split. Ultimately, they have the power to divide the property in whatever way they see to be fair and reasonable.
How is child custody decided in Florida?
If you cannot come to an agreement with your spouse, court involvement may become necessary.
Family law courts in Florida will act in what they see to be the best interests of any children involved. That means they will look at each case and a range of factors before making any decisions regarding child custody. They will look at each parent's involvement and ability to provide a stable life. They will also take into account any claims that one parent may be a danger to their child.
If your spouse poses a danger to your children, the courts will always listen to you, but you will need to work with your divorce lawyer to put forward the most compelling case possible.
What are the child support guidelines in Florida?
The child support guidelines in Florida are based on the income of both parents and the number of children to be supported. The Florida Department of Revenue states that the basic child support obligation is calculated by taking each parent’s adjusted gross income, subtracting specific deductions, and then multiplying the result by a percentage that is based on the number of children.
The percentages that are applied will change depending on the level of income of each parent and the number of children they have. The more children, the higher the percentage, starting at 20% for one child, 25% for two children, 28% for three and for four or more children, 30%.
Parents will also be responsible for ensuring that their children have access to medical care and education and the courts may also order that additional amounts be paid in certain circumstances. A common reason is when there is a large disparity in income between one party and the other.
How does alimony work in Florida?
If you have not reached an agreement regarding alimony payments, you may not be able to pursue an uncontested divorce. If you are determined that you deserve alimony payments, for example, if you have sacrificed a good career or chances of further education, you may need to present a compelling case to a family law Judge as to why you deserve it.
In Florida, alimony is determined on a case-by-case basis. The decision to award alimony relies on a number of factors including, the length of the marriage, the age and health of both spouses, the standard of living established during the marriage, the contributions made by each spouse to the marriage, the income and earning capacity of each spouse and any marital assets and debts.
In the majority of cases, when alimony is awarded, it is a temporary order as the spouse seeking alimony will be expected to become self-supporting as soon as possible. If you have given up education for your marriage, the alimony may only last until you can put yourself through that education or if you have sacrificed a career, alimony should support you while you retrain and enter the workplace again.
What happens if we can't agree on a divorce settlement?
If you cannot agree upon your divorce terms, then you will not be able to pursue an uncontested divorce. Your best option is to find a skilled uncontested divorce lawyer that can put forward the strongest possible case on your behalf in front of a family law judge.
When can I get an annulment in Florida?
In order to qualify for an annulment in Florida, the marriage must meet certain criteria. Generally, an annulment can be granted if one of the following conditions is met: the marriage was entered into as a result of fraud, force, or lack of mental capacity; one of the parties was already married to someone else at the time of the marriage; or one of the parties is underage and did not have parental consent.
Where can I get more information and help with my Florida divorce?
Securing representation from a family law attorney here at Miami Family Law Group, PLLC will ensure that you have an advocate backing 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.
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 305-916-4053.
