Are Uncontested Divorces Faster than Contested Cases in Florida?
Ending a marriage is never easy but there are options that can help make it faster and easier for both spouses and everyone else involved, such as children. One of these options is obtaining an uncontested divorce. Even with an uncontested divorce, though, there are still certain requirements couples must meet. Additionally, although uncontested divorces can proceed faster than contested cases, there are still waiting periods and legal steps to consider. One of our Tampa uncontested divorce lawyers outlines the factors that can impact the timeline of your case below.
What are the Requirements for an Uncontested Divorce?
There are many requirements for uncontested divorces in Florida. These are as follows:
- Residency requirement: At least one spouse must have lived in Florida for a minimum of six months before filing.
- Agree on all issues: Both spouses must also agree on all issues of the divorce, including property division, child custody, child support, alimony, and any other terms.
- Marital Settlement Agreement: A Marital Settlement Agreement (MSA) must outline all terms and be signed by both spouses.
Timeline for Uncontested Divorces in Florida
In Florida, some uncontested divorces can take just a few weeks to be finalized. In other cases, an uncontested divorce can take several months. However, uncontested divorces are generally faster than contested cases in which couples must resolve issues through negotiation, mediation, or litigation. The basic timeline for uncontested divorce cases is as follows:
- Filing the petition: Filing the petition typically takes just one or two days.
- Serving the other spouse: When only one spouse files the divorce petition, they must serve the divorce papers to the other spouse. Serving the documents can take several days and the spouse who was served then has 20 days to respond.
- Waiting period: After the petition is filed, there is a mandatory waiting period of 20 days between filing the petition and finalizing the divorce.
- Final hearing: One or both spouses may have to attend a final hearing after the judge has reviewed the case. Depending on the schedule of the court, this can take several weeks.
Other Factors that Affect the Timeline of an Uncontested Divorce
While uncontested divorces are typically faster than contested cases, there are several factors that can affect the length of time it takes. These include:
- Incomplete or inaccurate paperwork
- Disputes that arise late in proceedings
- The backlog of the courts
- Any delay in serving the spouse who did not file the petition
- Delays in exchanging mandatory financial disclosures
Working with a Tampa uncontested divorce lawyer can help ensure your case proceeds as quickly as possible.
Call Our Uncontested Divorce Lawyers in Tampa Now
If you are thinking about ending your marriage, an uncontested divorce has many benefits. The fact that these cases proceed much more quickly is just one. At All Family Law Group, P.A., our Tampa uncontested divorce lawyers can help you avoid delays and make the process as easy as possible for you. Call us now at 813-672-1900 or fill out our online form to schedule a free consultation and to get the sound advice you need. Se Habla Espanol.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
