Uncontested Divorce in Florida

Dissolution is the word used to indicate divorce in Florida. As per the laws, the residency requirement of dissolution is that one or both divorcing partners should be residing in the state for minimum 6 months before the action starts.

The divorcing partner who files the essential papers for the action is named as the Petitioner. The other divorcing partner, who may or may not reply to the action, is called as the Respondent.

When do couples opt for Uncontested divorce in Florida?

  • When they desire to divorce.
  • When they agree with each other regarding the terms and conditions of the distribution of liabilities and assets.
  • When the accede about alimony (the duration of alimony and the amount of alimony)
  • When they reach a consensus about child support, visitation and child custody.

Procedure of Uncontested divorce in Florida

The process begins when the Petitioner files a Civil Cover Sheet along with one of the following 3 forms.

  • Petition for Dissolution of Marriage with no dependent children or property
  • Petition for Dissolution of Marriage with property but no dependent or minor children
  • Petition for Dissolution of Marriage with dependent or minor children

When the divorce involves minor children, the Petitioner must file a UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) Affidavit. This document recognizes the children, the residences of the children and consists of data regarding the custody proceedings. A Child Support Guidelines Worksheet must be completed, if child support is to be reviewed.

The other documents which a Petitioner must file are as follows.

  • Marital Settlement Agreement.
  • Notice of Current Address.
  • Notice of Social Security Number.
  • Family Law Financial Affidavit (short or long form) along with Certificate of Compliance with Mandatory Disclosure. This certificate endorses that the Respondent has revealed the essential economical data to the Petitioner.

If the circumstances demand, the Standard Family Law Interrogatories for Original or Enforcement Proceedings can be filed by the Petitioner. These are made under oath and provide the financial information in the Family Law Financial Affidavit in more detail. The needs of such interrogatories are that the Petitioner must file a Notice of Service of Standard Family Interrogatories and the Respondent must fill a Certificate of Compliance with Mandatory Disclosure.

After filing all the essential paperwork, a divorce hearing is scheduled by the Petitioner for the final judgment. The duration of this hearing is approximately 10 minutes. One of the following 3 versions is filed at the divorce hearing.

  • Final Judgment of Dissolution of Marriage with no property or dependent or minor child(ren)(uncontested)
  • Final Judgment of Dissolution of Marriage with property but no dependent or minor child(ren)(uncontested)
  • Final Judgment of Dissolution of Marriage with Minor child(ren)(uncontested)

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