In Florida, spouses wishing to get a divorce will fall under one of three types of divorces.
- Simplified dissolution of marriage
- Uncontested divorce
- Contested divorce
What is a simplified dissolution of marriage?
Summary: No kids from the marriage are involved, no one is pregnant, and each spouse agrees on every matter and issue.
This type of divorce is granted if both spouses agree on every matter pertaining to the divorce. Certain conditions must be met for this divorce type to be considered and granted, including the following:
- Neither spouse is pregnant
- No children exist from the marriage
- Both spouses must complete a financial affidavit
- A settlement agreement is signed by both parties
If the above conditions are met, then this type of divorce may be considered. Speaking with a divorce attorney can help determine a course of action to take that keeps your interests in mind.
What is an uncontested divorce?
Summary: Each spouse agrees on every matter involved and is willing to sign a marital settlement agreement stating so.
This type of divorce, like a simplified dissolution of marriage, is chosen when each spouse agrees on every matter and issue pertaining to the divorce. During an uncontested divorce, a marital settlement agreement is created and finalized. A marital settlement agreement is a legal document that defines the terms of a divorce.
Everything from marital debts and marital property to parenting plans and child support is agreed upon, and no issues or differences in opinion exist from either spouse during an uncontested divorce.
What is a contested divorce?
Summary: Spouses cannot agree on minor or significant matters, and court intervention is needed to finalize the divorce.
A contested divorce results when one spouse disagrees on any minor or major issue, and a decision cannot be reached without the intervention of a judge.
Each spouse typically hires a divorce attorney, and gathers evidence to support their position and that position is presented to the court.
Issues involved typically include matters pertaining to property, assets, children, and alimony.
What about divorce mediation? Is this an option?
In Florida, you are legally required to attempt to finalize your divorce in mediation prior to going to court. Learn more about divorce mediation here.
Choosing the Right Divorce Method
Making the decision to end a marriage is not always easy. Being informed about the various divorce methods available can help the process move along faster, resulting in lower divorce costs, saving time, and can reduce the emotional strain placed on each spouse and any children involved.
Understanding the divorce options available to you in Florida is a critical first step. Your divorce lawyer can provide insight tailored to your situation.
The Law Offices of Sara J. Singer can help.
Call us at 954-527-2855 or message us online.