When Is an Uncontested Divorce Necessary?

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If you and your spouse can agree on all issues in a divorce, you may file an uncontested divorce. This process takes much less time than a contested divorce, which requires multiple court appearances and a trial.

Depending on the county, a divorce judgment can take two to three months to be issued. You must submit certain forms and a brief hearing to begin this process.

You and Your Spouse Have Agreed on All Issues

Many couples choose an uncontested divorce Tampa because it is cheaper and faster than a contested one. It also keeps financial and personal issues from the public record, benefiting spouses who must maintain confidentiality.

Spouses who choose an uncontested divorce must be willing to work together and compromise. This process may require mediation or the assistance of a trained mediator to help the couple reach an agreement. It is important to remember that a settlement is a legally binding contract, so each spouse should consult an attorney to ensure their rights and interests are protected.

An uncontested divorce is possible if both parties can agree on all issues that must be settled in the divorce, including property division, alimony, custody of children, and support. Depending on state law, this may allow the couple to complete the process in as little as a few months. If one of the spouses disagrees with the terms or requires a court hearing, the case will become contested and may take much longer to finalize.

You and Your Spouse Have Agreed on Child Custody

An uncontested divorce may be possible if you and your spouse agree on custody issues. However, if your child custody agreement is complex or includes provisions outside the state laws, you might need to hire a professional to help you settle.

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A judge will review any agreement drafted by the couple to ensure it meets state law. Additionally, some states have mandatory waiting periods that you and your spouse must observe.

If you and your spouse don’t abide by any court orders, a judge could hold you in contempt of court. This might include violating a parenting plan or failing to adhere to a custody schedule. If parents consistently violate custody arrangements, a judge might decide to change the order or end the marriage. This is rare, but it is a possibility.

You and Your Spouse Have Agreed on All Issues of the Property Division

Couples who want an uncontested divorce must be on the same page concerning all the issues involved in a separation. These include how to divide up property like financial accounts, homes, and vehicles and how to split up debt. If the spouses have children, they must agree on legal custody, visitation, and child support.

If both parties agree, they put their settlement terms into writing (either with forms or an attorney’s help) and file them with the court. Depending on the county where they submit their papers, their divorce may take two to three months to become final.

However, some countries can take much longer. It also depends on whether the spouses file for a fault or no-fault divorce. Fault divorces are more complex than no-fault because a spouse has to prove that the other is at fault for their marriage ending.

You and Your Spouse Have Agreed on All Issues of Child Support

In a best-case scenario, spouses who want an uncontested divorce have already reached resolutions on all relevant issues. This would include determining how to divide assets such as the marital home, financial accounts, and vehicles. The couple would also have established legal and physical custody arrangements for their children. They would have also determined appropriate child support based on their respective incomes and circumstances.

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The agreement that the spouses reach is generally incorporated into a property or marital settlement agreement and filed with the court. The court usually requires both spouses to submit a financial affidavit detailing their respective incomes and assets to verify their information.

Couples who want an uncontested divorce will often benefit from a less expensive and faster process than a contested divorce. However, the trade-off is that they must be able to agree on all issues. Spouses with high conflict or a significant imbalance in power—financial or emotional—will likely have difficulty deciding on complicated topics such as complex property divisions or spousal support arrangements.

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