Divorces are almost always difficult and messy, but some families are able to separate peacefully. When this is possible, uncontested divorces can be filed where both spouses agree on all aspects of the divorce without the court getting involved.
For families with children, this may seem like the perfect solution since an uncontested divorce can ensure things are easier on your children throughout the process. However, you might be wondering if a Central Florida uncontested divorce is even possible with children involved. Keep reading to learn more.
Is an Uncontested Divorce Possible When Children Are Involved?
Uncontested divorces are the least traumatizing for children as they won’t have to suffer through multiple court dates or endure long arguments between their parents. If you and your spouse are on cordial terms and are able to go through with an uncontested divorce, then this is the best case scenario.
That being said, to file an uncontested divorce, you have to meet certain qualifications, and you must be able to agree on everything. This includes child support, custody, alimony, and your parenting plan.
How Are Uncontested Divorces Filed When Children Are Involved?
Navigating an uncontested divorce when you have to meet requirements for minor children is challenging, but with an attorney present, it isn’t too complicated. With your attorney, you can be sure that all the right documents are filled out, everything has been filed properly, and that you have met all of the court’s requirements.
To file an uncontested divorce with children, you’ll be required to complete multiple forms. The court may not be involved in determining how the issue is settled, but it will expect you to follow specific guidelines, complete certain sheets and papers, and arrange everything.
As uncontested divorces require both spouses to agree on everything, you and your spouse must work together to determine physical custody, legal custody, visitation rights, shared custody scheduling, visitation rights, expenses, etc.
It is between the both of you to make these decisions, and if you’re unable to agree, you’ll have to switch to a contested divorce.
When determining custody, visitation rights, and other aspects of your parenting plan, you may benefit from mediation services or arbitration. This can help you find an agreement and come up with a plan without having to get the court involved.
Once everything has been established, you’ll need to fill out paperwork and show a report of your parenting plan to the court. Filling out these paperwork requires precision, and making mistakes will only delay the process. Be sure to have your attorney present when you complete them, and don’t be afraid to ask for guidance or help on the forms.
Filing Your Uncontested Divorce
When you’ve agreed on everything for your divorce, not just the aspect involving child care, you’ll need to submit your uncontested divorce to the court for a judge to approve. Most of the time, this is quick and easy as all the judge needs to do is sign it. Sometimes, however, there may be issues.
If the judge feels the agreement is not fair to one side of the party or they have concerns about the child’s living arrangements, they may intervene. This will complicate your divorce, so it’s important that you work to ensure everything is fair for both parties and your children are well and clearly provided for.
Once the judge does sign off on your divorce, you’ll only need to wait for the mandated period until your divorce is finalized and considered legal.
Let Us Help You With Your Uncontested Divorce
Uncontested divorces are the easiest on children. So, if you’re looking for the best way to divorce your spouse without increasing the negative impact of it on your children, an uncontested divorce is the best way to go. However, when children are involved, you can expect to fill out additional paperwork and meet certain parenting guidelines. Don’t hesitate to call us today if you need an uncontested divorce attorney to help you with your uncontested divorce filing.
Emily A. Konicek brings 14 years of experience to your family law concerns. Emily excels at mediation, negotiation and litigation, and can help you pursue a course of action that helps you meet your goals for the future and for your family.
