Filing for an Uncontested Divorce in Tampa: What Documents Do You Need?
Divorce is never an easy process, but when both spouses agree on all major issues, an uncontested divorce can be the simplest and most cost-effective way to dissolve a marriage. For those in Florida, particularly in Hillsborough County, filing for a Tampa uncontested divorce requires a clear understanding of the necessary documentation and procedures. If you and your spouse are ready to move forward amicably, this guide will help you prepare everything you need to streamline the process.
What Is an Uncontested Divorce?
An uncontested divorce is one in which both spouses agree on all key aspects of the divorce, including:
- Division of assets and debts
- Alimony (if applicable)
- Child custody, visitation, and support (if applicable)
Unlike contested divorces, which can take months or even years to resolve, a Tampa uncontested divorce can be finalized relatively quickly, often within a few weeks or months, depending on the court’s schedule and the accuracy of your paperwork.
Benefits of an Uncontested Divorce in Tampa
Choosing an uncontested divorce in Tampa has several advantages, including:
- Lower costs: Avoiding lengthy legal battles and court hearings keeps attorney fees and court costs minimal.
- Faster resolution: Since both parties agree on all terms, the court can process the case more quickly.
- Less stress: A cooperative process leads to a more amicable divorce and helps maintain a civil relationship, especially if children are involved.
- More privacy: Uncontested divorces typically involve fewer court filings and hearings, reducing the exposure of personal details.
Required Documents for a Tampa Uncontested Divorce
To ensure your divorce proceedings go smoothly, you need to gather and correctly complete several legal forms. Below are the essential documents required when filing for an uncontested divorce in Tampa.
1. Petition for Dissolution of Marriage
This document officially starts the divorce process. In an uncontested divorce, you can file a Simplified Petition for Dissolution of Marriage (Form 12.901(a)) if:
- You and your spouse have no minor children together
- Neither spouse is seeking alimony
- Both agree on asset and debt division
- Both agree to waive their right to appeal
If you have children or if one spouse is requesting alimony, you must file a Regular Petition for Dissolution of Marriage (Form 12.901(b)(1) or 12.901(b)(2)), depending on whether children are involved.
2. Marital Settlement Agreement
A Marital Settlement Agreement (Form 12.902(f)(3)) outlines how you and your spouse have agreed to divide marital assets, debts, alimony, and any other relevant financial matters. This document is crucial in demonstrating to the court that both parties are in agreement, which is the foundation of an uncontested divorce.
3. Financial Affidavit
Florida law requires both parties to submit a Financial Affidavit (Form 12.902(b) or 12.902(c)), which provides a complete overview of income, expenses, assets, and liabilities. This form ensures that both parties are aware of each other’s financial standing and that asset division and support arrangements are fair.
4. Parenting Plan (If You Have Minor Children)
If minor children are involved, a Parenting Plan (Form 12.995(a) or 12.995(b)) is mandatory. This document details custody arrangements, visitation schedules, parental responsibilities, and decision-making authority. Florida courts require parenting plans to prioritize the child’s best interests.
5. Child Support Guidelines Worksheet
If your divorce involves minor children, you must also file a Child Support Guidelines Worksheet (Form 12.902(e)). This form calculates the appropriate child support amount based on each parent’s income, expenses, and custody arrangements.
6. Affidavit of Corroborating Witness (If Necessary)
If either spouse has not met the six-month residency requirement to file for divorce in Florida, an Affidavit of Corroborating Witness (Form 12.902(i)) may be required. This document provides proof that at least one party has lived in Florida for the necessary time.
7. Final Judgment of Dissolution of Marriage
The Final Judgment of Dissolution of Marriage (Form 12.990) is the last document needed to finalize the divorce. A judge will review your case and sign this form if everything is in order, officially dissolving the marriage.
Steps to File for an Uncontested Divorce in Tampa
Once you have gathered the necessary documents, follow these steps to file your Tampa uncontested divorce:
Step 1: Complete and File Forms
- Fill out the appropriate petition and supporting documents.
- Have the forms notarized where necessary.
- File the documents with the Clerk of Court in Hillsborough County.
Step 2: Pay Filing Fees
- The filing fee for divorce in Florida is approximately $408. If you cannot afford it, you can request a fee waiver by submitting an Application for Determination of Civil Indigent Status.
Step 3: Serve the Papers (If Required)
- In most uncontested divorces, both spouses sign the initial paperwork together, eliminating the need for formal service.
- If necessary, the non-filing spouse must be formally served and sign a Waiver of Service.
Step 4: Attend a Court Hearing (If Required)
- Some uncontested divorces require a short hearing before a judge.
- If no children or alimony are involved, some cases may be finalized without a hearing.
Step 5: Obtain the Final Judgment
- If the judge approves your settlement and all paperwork is in order, they will sign the Final Judgment of Dissolution of Marriage, making your divorce official.
Common Mistakes to Avoid
Even in an uncontested divorce, small errors can delay the process. Be sure to:
- Double-check all documents for completeness and accuracy.
- Ensure all agreements are in writing and signed.
- Use the correct forms for your specific situation.
- Meet Florida’s residency requirements before filing.
- Pay all necessary court fees.
FAQs
How long does a Tampa uncontested divorce take?
If all paperwork is correctly filed and there are no delays, an uncontested divorce can be finalized in as little as 30 days. However, it may take longer depending on the court’s schedule.
Do both spouses have to appear in court?
In many cases, a court appearance is not required if all documents are in order. However, some divorces may require a short hearing.
Can I file for an uncontested divorce without an attorney?
Yes, many people file without legal representation. However, hiring a lawyer can ensure accuracy and help avoid delays.
What if we agree on everything except one issue?
If there is any disagreement, even on a minor issue, your divorce is not considered uncontested. You may need mediation or further legal negotiations.
Is there a waiting period before I can remarry?
There is no mandatory waiting period in Florida, so you can remarry immediately after your divorce is finalized.
Filing for a Tampa uncontested divorce can be a straightforward process if both parties cooperate and follow the correct steps. By ensuring that all necessary documents are completed accurately, you can finalize your divorce efficiently and move forward with your life.
The McKinney Law Group: Efficient and Affordable Uncontested Divorce in Tampa
An uncontested divorce is an excellent option for couples who want to avoid lengthy legal battles. At The McKinney Law Group, we help Tampa residents complete the divorce process quickly and affordably while ensuring their rights and interests are protected.
We assist with drafting divorce agreements, asset division, spousal support, and parenting plans, all while keeping the process straightforward and stress-free. Our team ensures that your uncontested divorce is legally sound and compliant with Florida law.
Schedule a consultation with Damien McKinney today by calling 813-428-3400 or emailing [email protected].