An uncontested divorce is also known as a simple divorce or dissolution of marriage. Florida has fairly explicit rules if you want to obtain a simple divorce. Before you file, here is what you need to know.
Residency Requirement
You have to have lived in Florida for at least six months. You do not necessarily have to live in the same place in Florida. An uncontested divorce Tampa is the same as an uncontested divorce in Jacksonville.
The Marriage Cannot Continue
You and your spouse have to agree that the marriage is broken. The reason it is broken doesn’t matter as long as you agree that it is.
There Are No Children
For a simple divorce, there can’t be minor children in common involved. The wife also cannot be pregnant at the time of the divorce.
Division of Assets
You and your spouse have to agree to the division of assets and liabilities. You have to know who gets what before filing and have to agree on it. You cannot request financial information from your spouse if you file for this type of divorce.
No Alimony or Palimony
You cannot sue for alimony or palimony. You have to agree that you will not request money from your spouse as compensation for living expenses once you are separated and divorced.
No Trial or Appeals
There is no trial or appeals in a simple divorce. This means you cannot come back later and request changes to the dissolution of marriage. Once the divorce is granted, it is final. You can however modify the agreement by filing a motion for modification.
You File at the Clerks Office
You have to sign it separately or together at the county clerk’s office. It does have to be signed in front of a clerk as a witness.
An uncontested divorce is the best way to go if you and your spouse agree on everything. If there is any argument, you are better off considering a traditional divorce.
