No one wants to spend weeks in court, battling over their divorce. It’s expensive, stressful, and emotionally draining for everyone involved. Contested divorces are complicated, so when it’s possible, many people try to seek out an uncontested divorce.
In order to qualify for an uncontested divorce, you must meet strict requirements. Unfortunately, this means that there are several issues that might make it impossible to file for an uncontested divorce.
Consult our attorney for your uncontested divorce case today
What Kind of Issues Might Make an Uncontested Divorce Impossible?
You and Your Spouse Disagree on How Property/Assets Should Be Divided
Even if you agree on everything except one or two things, you won’t be able to file for an uncontested divorce. You and your spouse must be in complete agreement on how all your property, assets, and debts are going to be divided in the divorce.
In some cases, you may be able to consult an attorney for their advice so that you are able to reach an agreement. However, if you need mediation for even one thing, you’ll have to file for a contested divorce.
You Have Minor or Dependent Children
When there are minor or dependent children involved in a divorce, there must be custody arrangements. This makes divorces much more complicated, which means an uncontested divorce is impossible. If you have no children or your children are all over 18 and no longer dependent on you, then an uncontested divorce can be done.
Similarly, if you or your spouse is pregnant, you cannot file for an uncontested divorce. If you find out one of you is pregnant during the filing process, you’ll have to refile for a contested divorce. Unless it is proven that the child is not the other spouse’s, you’ll be required to file a contested divorce for child custody arrangements.
One of You Is Seeking Alimony
Alimony is another difficult aspect of a divorce where the court must get involved. Unfortunately, if you or your spouse is seeking alimony, then an uncontested divorce will not be allowed. You’ll have to file for a contested divorce and go through the court to resolve it.
You or Your Spouse Feel the Marriage Is Repairable
In order to file for a divorce, you must feel that the marriage is beyond help. Your spouse may disagree with you, but at least one of you must feel that the marriage is irreparable. If you are not both in agreement on this, then an uncontested divorce will not work.
To file for an uncontested divorce, both spouses must be in full agreement that the marriage is beyond repair. You may have different reasons as to why, but you must both agree that it cannot be fixed.
You or Your Spouse Have Not Lived in Florida for at Least Six Months
If you wish to file for an uncontested divorce in the state of Florida, either you or your spouse must have lived in the state for at least the last six months. If you both recently moved into the state or you’ve resided somewhere else for the past several years and wish to file your divorce in Florida, it will not be possible.
In order to file for an uncontested divorce in Florida, at least one party member must have been a resident in the state for the last six months or more. It is not a requirement for both parties to have lived in Florida, but you will have to show proof that one of you has.
Conclusion
Divorces are rarely easy, but uncontested divorces tend to be less complicated. Unfortunately, if you don’t meet all of the requirements, you’ll be required to file for a contested divorce even if you meet everything else.
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.
