#uncontested divoce

One of the first things many people in Florida will ask when considering a divorce is whether they qualify for a Florida uncontested divorce. After all, getting an uncontested divorce in Florida will make it emotionally easier on you and your kids. It will be much cheaper than going through the expense of a contested divorce. With contested divorces you always find yourself having to jump through all these hoops that an uncontested divorce in Florida, or anywhere for that matter, don’t require. It will so often be much faster to do an uncontested divorce in Florida than it would be to get a regular contested divorce. But do you qualify for one?

The Process in an Uncontested Divorce

Even with this straightforward a process, there is still the question of whether to go through the courts with a contested divorce or settle it out between yourselves and choose the route of an uncontested divorce. How does a couple make this decision? Well, money can be a very big factor with an uncontested divorce. This is because of the simple fact that the less time you and your lawyer spend in court the cheaper it will be for you. Can you still talk to each other? Can you agree on the important issues?

The things you will need to be able to work out between you are likely to be:

The division of property - generally meaning your home and car

The division of debt - this can be tricky if credit cards and bank accounts are in both names.

Alimony – this can be obvious if one of you stays home with the kids, but it is always a negotiation

Child support – this will need to be affordable for both parties

Visitation rules -  these will need to be agreed to beforehand and kept

You will also need to fully reveal your financial situation. It is important that both parties do a full financial disclosure so that there are no surprises that force everyone into Family Court at a later date. If you can handle these basics and work together to draw up a document that spells this all out, then an uncontested divorce might be the route for you.

A Contested Divorce

Sometimes even the best of intentions don’t work out. You may have tried to do an uncontested divorce but couldn’t see eye to eye on some crucial questions. Sometimes there is a sticking point that neither will budge on, usually having to do with either money or children, and then it seems only a judge will be able to settle it.

Sometimes there has been violence, and if there has been you may need to ask your lawyer to have the court order the offender to leave your home for the sake of you and your children’s safety. If your spouse it out of control, then don’t hesitate to make this move. If you can’t get them to leave, leave the house yourself. You are not giving up your rights, but talk to your lawyer before you do it.

Contested divorces can get lengthy and are often bitter. If there is a way to do an uncontested divorce it will be easier on everyone, but it isn’t always possible. The bottom line is to make sure you get professional help no matter which way you decide you need to go.

Knowledge is Power

For most of us, the decision to actually go through a divorce can be devastating. Even if the marriage has been on rocky grounds for a while, we still believe we can be the exception, the ones that make it through somehow. It is not surprising then that there are several emotional stages of divorce that almost everyone will go through when the decision becomes irretrievable.