Divorces are challenging, whether they’re uncontested or not. Understanding the legal process surrounding them can be particularly difficult and make filing for divorce more stressful than it already is.
There are many legal terms you may not be familiar with and some that you aren’t sure apply to divorces in the state of Florida. One of the terms you may hear is “no-fault” states and uncontested divorces. To help you gain a better understanding, here is a quick guide.
Looking for uncontested divorce attorneys in Orlando?
What Is a “No-Fault” State?
Not every state in the United States follows the same laws surrounding divorce, making things confusing when you’re researching divorces. Some states are “no-fault” states, while others require proof of fault for a divorce to be approved by the court.
In “no-fault” states, you do not need to prove either you or your spouse is at fault for a divorce. For example, you will have to prove that your marriage is beyond repair or “irretrievably broken”, but you do not need to prove that this is the fault of one spouse.
If a state is not a “no-fault” state, you will be required to prove the problem with your marriage is the fault of one spouse. This can make things more complicated and make an already difficult relationship worse.
What Is an Uncontested Divorce?
An uncontested divorce is when both you and your spouse are in full agreement on every aspect of the divorce, from child custody to property division. In an uncontested divorce, the court is not involved in the decision-making process.
Uncontested divorces are the easiest to file for, but you have to meet specific prerequisites to file for one. If you don’t meet the requirements, you won’t be able to file an uncontested divorce even if most aspects have been agreed upon between you and your spouse.
Is Florida a “No-Fault” State?
Yes, Florida is a “no-fault” state when it comes to divorces. You do not have to discuss who is at fault for the failure of your marriage to file for a divorce. However, you will be expected to work out all the details of your divorce without the intervention of the court.
When you file a “no-fault” divorce in Florida, you must also file for an uncontested divorce. This means that you’ll need to meet all of the requirements for an uncontested divorce. If you cannot, you’ll need to find another means of dissolving your marriage which can lead to complications if you don’t know what to look for.
What Are the Requirements for a “No-Fault” Divorce?
If you are filing a “no-fault” divorce, there are certain requirements you must fulfill. In an uncontested divorce, you and your spouse must both meet these requirements, or you will be expected to file for a contested divorce.
To file for a “no-fault”, uncontested divorce, you can choose to file for either a simplified dissolution of marriage or a regular dissolution.
In a simplified dissolution, both you and your spouse must be in full agreement about the division of property, debts, and marital assets. Additionally, you must not have any minor children or be pregnant at the time of filing the divorce. Finally, at least one spouse must have been a Florida resident for six or more months, and neither of your can be seeking alimony.
When seeking a regular dissolution, you and your spouse must still agree on every aspect of the divorce. In this case, though, there may be minor children involved that need to be considered. This process will take slightly longer than a simplified dissolution, but it is still quicker than a contested divorce.
Conclusion
Since Florida is a “no-fault” state, divorces can be obtained without either spouse being at fault. If you don’t have minor children, the process of filing for a divorce is often fairly quick and straightforward.
In any case, though, there can be sudden complications that arise which is why having a divorce attorney like us will ensure that things go smoothly from start to finish. Give us a call today so we can help you understand more about your divorce proceedings and represent you to ensure a smoother process.
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.
