Divorce can be a complicated legal process, so the idea of an uncontested divorce, where the court doesn’t get involved, and it’s you and your spouse who determine the divorce, can be appealing. However, there are strict rules that both you and your spouse must meet in order to qualify for an uncontested divorce, which means there are also factors that could make you ineligible for one.
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What Makes You Ineligible for an Uncontested Divorce?
Both you and your spouse must meet specific requirements before seeking an uncontested divorce. Unfortunately, if one of you doesn’t meet these requirements, your case will be ineligible, and you’ll have to proceed differently.
To check if your situation is eligible for an uncontested divorce, here is a list of things that will make your case ineligible in the eyes of the state.
One of You Disagrees With the Divorce
Perhaps this one is obvious, but if either you or your spouse disagrees with the divorce, you will not be able to file for an uncontested divorce. You’ll be required to file for a contested divorce, and the court will need to be involved in the process.
One of You Disagrees With an Uncontested Divorce
Even if you both agree to get a divorce, this isn’t enough. You must both agree to file for an uncontested divorce. If only one of you wants an uncontested divorce, then the divorce is not, in fact, uncontested. The other one of you does not agree, and as such, you’ll be ineligible for an uncontested divorce.
One of You Is Seeking Alimony
One requirement of an uncontested divorce is that you must not be seeking alimony. The process to be awarded alimony involves the court, so you cannot file a divorce outside of the court and immediately go to court to seek alimony. If one of you is seeking alimony, you won’t be approved.
Neither of You Have Lived in Florida for at Least 6 Months
The requirements state that at least you or your spouse must have lived in the state of Florida for at least six months. If this is not the case, you can’t file for an uncontested divorce. If only one of you has lived in the state, though, this is acceptable. As long as one of you meets the minimum six-month residency requirement, you’ll be permitted to file.
You have No Minor Children
If you and your spouse have children under the age of 18, the court will not grant you an uncontested divorce. This includes biological and adopted children. It also includes pregnancies, so if one of you is pregnant during the divorce process, you’ll be ineligible for an uncontested divorce. Even if you don’t discover the pregnancy until during the filing process, you’ll be ineligible for an uncontested divorce.
You Disagree on Property And/or Debt Division
Part of an uncontested divorce is being in full agreement on every aspect of the divorce. If you disagree on even one aspect of the divorce, you won’t be eligible for an uncontested divorce.
When it comes to dividing property and debt, you and your spouse must also be in agreement on everything. You may need to talk things over a bit to determine the finer details, but if you can’t come to an agreement on how property should be divided, you’ll need to file for a contested divorce.
One of You Thinks the Marriage Is Salvageable
To file for an uncontested divorce, you must both agree that the marriage is unsalvageable. If you or your spouse does not agree, then you’ll be denied an uncontested divorce.
Conclusion
Uncontested divorces are an easier way to file for divorce, but due to the strict rules surrounding who can and can’t file, it’s not always easy to be eligible. If you still have doubts, contact us, and our divorce attorney can answer your specific questions and help you determine how to proceed.
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.
