Streamline Your Split With Our Tampa, FL Uncontested Divorce Lawyer
An uncontested divorce is one where both spouses agree to the divorce and its terms, including splitting assets and debts, a child custody agreement if the couple shares children, and other matters, like spousal support. If you can agree on these matters with your soon-to-be-ex, you can avoid the stress and expense of court and a trial and resolve the split much more quickly. However, because the divorce decree is a legal contract, its terms can affect how your future looks. You deserve to have legal advice as you negotiate the divorce with your spouse, and our Tampa, FL uncontested divorce lawyer can help you.
The McKinney Law Group can help you negotiate an agreement with your spouse and review any proposed settlement. We will keep you focused on your short- and long-term goals and ensure the divorce settlement favors your interests. Call us today to learn more about resolving your uncontested divorce.
The Uncontested Divorce Process In Florida
Florida requires spouses seeking an uncontested divorce to agree to avoid court and settle the decree themselves. Each spouse can be represented by their own attorney, though, and we encourage you to call us, as there may be more options that you are aware of, or the arrangement that you are presented may not be in accordance with Florida laws or in your best interests. You deserve legal counsel and insight; our experienced family law attorneys provide it.
Our uncontested divorce services also include preparing all legal documents. We can draft a marital separation agreement and the final divorce decree, as well as any other legal petitions that must be filed, such as a child custody arrangement and any financial support one spouse must pay the other. If you are the receiving parent, it’s important to file a legal record of this so that if the other spouse refuses to pay, you have some recourse to go to the judge.
Is Uncontested Divorce Right For Me?
You know your spouse and the condition of your marriage best. If you believe that they will negotiate a fair settlement in good faith, then yes, an uncontested divorce can help you part ways faster and at less cost. Many couples benefit from mediation, which involves guided negotiations overseen by a trained mediator. We can accompany you to mediation and help you weigh your options.
Sometimes, mediation presents options you may not have considered. When you work out a divorce outside of court, you have more options, flexibility, and control over the process.
One thing to bear in mind, though, is that for you to have the perks of an uncontested divorce in Florida, such as preventing adverse judgments by a family law judge, then you must also comply with the requirement that all matters of contention be worked out between the two of you, and not taken to court.
Understanding the Uncontested Divorce
An uncontested divorce is when neither party is fighting the divorce. Essentially this means that both parties are agreeing to the terms of the divorce. While an uncontested divorce can seem amicable and fairly straightforward, it’s essential to know that a divorce lawyer’s services are still needed. To ensure an uncontested divorce, both parties will need to reach various key agreements pertaining to child custody, child support, spousal support, and the division of property and debt. When both parties can reach agreements with each other, they will not have to argue their cases in court. This can make for a more straightforward process where the judge reviews the settlement and approves it.
Reasons You Need a Lawyer
Even when two people decide to end their marriage amicably, they should consider the services a lawyer can provide. Our Tampa FL divorce attorney will tell you that many believe that they only require a lawyer for contentious divorce situations; this is far from reality. While an uncontested divorce can undoubtedly assist with streamlining the process, a lawyer is still critical for several reasons, including:
- Even when you are both in agreement, it will be necessary to have a professional who can listen to your needs and negotiate a settlement that is aimed at meeting your specific needs.
- Regardless of whether a divorce is contentious or not there are many agreements and steps to take towards resolving the process. A lawyer can help manage each step from start to finish, including negotiations and the transfer of property.
- Lawyers have experience in managing the divorce process. We can help make your divorce as seamless as possible. We will manage every last detail so that you don’t have to.
- In many cases, an uncontested divorce can save you money in the long run. When agreements can be reached, the risk of costly litigation is mitigated.
“Simplified Dissolution” vs. Other Uncontested Divorce Processes
It’s important to understand that the term “uncontested” is used to describe a few different approaches to divorce. Therefore, you may need to rely on context clues to discern which kind of uncontested divorce is being discussed in any research materials that you access in preparation for your divorce. Most broadly, an “uncontested divorce” is a process whereby couples agree to the terms of their divorce settlement without requiring judicial intervention to reach the conclusion of their divorce process. This broad approach encompasses divorce processes that are mediated, settled via attorney-led negotiation, and those that are self-directed.
Several states also make very specific uncontested divorce processes available to couples who meet certain criteria. Most often, these simplified, expedited divorce processes are only made available to couples who have been together for a short period of time, agree on all the terms of their divorce settlement, do not share minor children, and do not co-own any significantly valuable property. In Florida, this process is referred to as simplified dissolution of marriage. The process takes roughly 30 days from start to finish. To qualify, couples may not have any minor or dependent children, cannot be expecting a child, may not include alimony in their settlement terms, must mutually agree on all divorce settlement provisions, and at least one individual must have lived in Florida for a minimum of six months. If you choose this uncontested approach to your divorce, you will forfeit your right to a trial and to appeal your settlement.
The McKinney Law Group is a team of Florida lawyers who are prepared to apply decades of experience to your divorce case. Family law is often contentious. We know that the key to a successful resolution is to have a lawyer who will work to understand our clients’ needs and assist in making challenging decisions during an emotionally troubling time. To learn more about how we can be of service to you, schedule an appointment with our Tampa, Florida, uncontested divorce lawyer at your earliest convenience.