Many individuals facing the prospect of a divorce assume they are facing extensive court litigation, high costs and a trial. However, many cases 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.
The key 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 a Florida uncontested 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 liabilities, if any, for the purposes of their divorce.
- Alimony: If one spouse has a need for 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.
UNCONTESTED DIVORCE
To the extent the parties agree on each and every issue identified above, the parties can set out their agreement in a Marital Settlement Agreement that is filed with the 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.