Many Okaloosa and Walton County, FL, individuals facing the prospect of a divorce assume they are facing extensive court litigation, high costs, and a trial. However, many cases can be and are resolved without any of these problems. An uncontested divorce involves a minimal amount of cost (relative to a contested case, anyway), and the case can be resolved in a much shorter period of time. Let The Wheeler Firm help you understand this pathway to divorce and how it can benefit you, your soon-to-be ex-spouse, and your children. Contact our Florida divorce lawyer now for assistance!
The key to undergoing a successful uncontested divorce is to have an agreement on each issue presented by the case, including the following:
- Parenting Plan: A Florida parenting plan identifies parental responsibilities (decision-making authority) and sets out a timesharing schedule. The parties should consider the best interests of the child(ren) when agreeing on an appropriate parenting plan.
- Child Support: Parents have an absolute duty to pay child support for their children. In an uncontested Florida divorce, the parties typically agree to pay the amount recommended by the Florida Child Support Guidelines.
- Equitable Distribution: Equitable distribution is the Florida method of dividing assets and liabilities in a divorce. The parties can agree on how to divide their assets and, if any, liabilities for the purposes of their divorce.
- Alimony: If one spouse requires alimony, and the other has an ability to pay, the court may order alimony to be paid. As with other issues, the parties can agree to no alimony, or the amount and duration of alimony, to resolve the issue as well.
EXPLORING THE UNCONTESTED DIVORCE PROCESS
To the extent the parties agree on each and every issue identified above, they can then set out their agreement in a Marital Settlement Agreement that is filed with the Florida court. Then, the trial judge can enter a Final Judgment of Dissolution of Marriage that incorporates the agreement as a part of the judgment. The parties will then be required to comply with the terms of the agreement from that day forward. Below is a general illustration of the uncontested divorce process:
Confirm Eligibility
You and your spouse must both be in complete agreement on every issue, from debt distribution to pet custody.
Prepare the Settlement Agreement
This is the "meat" of the process. You’ll need to draft the written contract detailed above that covers every major issue that can come up when it comes to a Florida divorce.
File the Petition
One spouse (the Petitioner) typically files the initial divorce paperwork with the local Okaloosa or Walton County court. In an uncontested case, the other spouse (the Respondent) usually signs a waiver of service to acknowledge they’ve seen the papers, avoiding the need for a process server. Even if you and your ex-spouse agree on everything, the court may require a "full and frank" disclosure of all assets and debts. This ensures both parties are making informed decisions and that the agreement is fair.
The Waiting Period
Many jurisdictions have a mandatory "cooling-off" period (often 30 to 90 days) after filing. This is a statutory pause before a judge can legally grant the divorce.
The Final Decree
Once the judge signs the Judgment of Dissolution, the divorce is official, and you’ll receive a certified copy of the decree for your records.
NAVIGATE DIVORCE IN OKALOOSA & WALTON COUNTY
An uncontested divorce is the most efficient way to start your next chapter, but it still requires precise legal documentation to ensure your interests are protected. At The Wheeler Firm, we help Florida couples navigate the Marital Settlement Agreement process to ensure every detail — from asset division to parenting plans — is handled correctly!