What is an Uncontested Divorce?

An uncontested divorce in Florida simply means that both parties wish to be unmarried, and that they agree on the division of property, alimony, child support and parenting plans if applicable in their case. The parties in an uncontested divorce must be willing to sign all of the documents and further, agree that they do not wish to have their case litigated in court. But, does this mean spouses who wish to seek an uncontested divorce can or should opt for a “do-it-yourself” divorce? The answer is yes they can, but likely should not. We have listed some common reasons why DIY divorces are not recommended in uncontested divorces, based on our 30+ years practicing family law in Tampa Bay.

• Cost – The cost of a DIY divorce may seem less costly at first, however, experience has proven that the cost of being on the wrong end of your DIY divorce can be devastating. Modifying any aspect of your divorce can be much more expensive than ensuring that your terms are beneficial and binding.
• Time – It may appear to be simple to obtain an uncontested divorce without the help of a lawyer, but part of the process is understanding the process. Many divorcing couples get stuck after the paperwork is completed and find themselves still married because they didn’t know how to schedule hearings to finalize their divorce.
• Post Judgement Modifications – We cannot stress the importance of making sure that every aspect of your divorce is settled properly. This is particularly true when alimony, child support the division of property and parenting plans apply. Additionally, the everything else part of your divorce is something many couples do not consider, such as tax exemptions, life insurance policies and other matters such as parental relocation with a minor child.
• Contested Divorce – Remember, what can begin as an amicable uncontested divorce can quickly become a contested divorce. Hiring an experienced Tampa uncontested divorce attorney can help you to stay on track.

Marital settlement agreements are legally binding contracts created when both spouses agree on all material terms of a divorce. Couples who wish to seek an uncontested divorce can opt to settle their divorce without legal counsel . While less costly, they forgo the protection that a Tampa divorce attorney can provide. After the MSA is finalized and signed by both parties in an uncontested divorce, an agreement will be filed with the courts and a hearing will be scheduled to finalize your divorce. It’s important to note that an uncontested divorce can change to a contested divorce if one or the other party fails to negotiate the terms in part or in whole for matters such as;

• The division of assets and debts
• Child custody
• Child support
• Alimony
• Parenting plans
• Taxes
• Life Insurance Policies/Pensions/QDRO
• Other matters pertained to your divorce that may or may not be mandated by the Florida Statutes

Many couples who are considering filing their own uncontested divorce papers frequently ask whether it’s in their best interests to do so. Certainly, there are costs to consider when hiring a divorce attorney but in the long run, protecting your safe and secure financial and familial future should be your focus. Our uncontested divorce lawyers will help you stay focused, on track and provide expert legal counsel that may help you to avoid future issues that can be costly and frustrating –post divorce.