In an uncontested divorce in Florida, both divorcing parties will work out an agreement or settlement on all applicable divorce issues prior to the intervention of the divorce courts. This will entail preparing an agreement on issues such as child custody, division of assets, and payment of support, both spousal and child. While it is possible to go through an uncontested divorce without the use of legal counsel, rarely does this occur. In fact, while the majority of divorces are uncontested in the state of Florida, the final uncontested nature of the divorce is actually a byproduct of involved negotiations between each spouse, their respective legal counsel, and other divorce support personnel, including mediators, arbitrators, and others. In short, an uncontested divorce only remains uncontested if both parties ultimately reach an agreement and file this agreement with the courts, which generally will approve the divorce terms, if reasonable and in the best interest of children involved.
Residency Requirements for Filing Divorce in Florida
The state of Florida requires that at least one (1) spouse be an ongoing resident of the state of Florida for a period of at least one hundred and eighty (180) days prior to the initial divorce filing. The county of residence of either spouse, if both in Florida residents, is the jurisdiction where divorce papers are filed. If only one (1) spouse is resident of Florida, the spouse’s current county of residence becomes jurisdiction for filing divorce papers.
Grounds for Uncontested Divorce in Florida
The state of Florida is a pure no-fault state, meaning divorcing spouses do not need to prove or provide grounds for filing the divorce itself. Rather, the spouse seeking the divorce simply cites irretrievable breakdown of the marriage, or in limited situations, the spouse may cite mental incapacity of other spouse for period of three (3) or more years.
Traditional fault-based grounds for divorce are not required for filing, but in many cases, these items may become relevant in ongoing divorce litigation or brought forth in the courts, if divorce is contested, as a means of influencing the outcome of a given divorce case.
Getting Legal Help with Uncontested Divorce in Florida
Generally, the idea behind an uncontested divorce is to reduce the costs, time, and publicity of a divorce case. However, forgoing legal counsel during this process is entirely ill advised. Given the long-term and significant nature of the divorce issues at stake, including future financial security, welfare of children, and others, having legal counsel involved from the outset is advisable. With legal counsel, working out an uncontested divorce agreement outside of the courts is possible, but also, ensures each party preserves their current and future legal rights and interests.
