An uncontested divorce occurs when both spouses agree on all of the terms of the divorce. The majority of Orlando residents will end up filing an uncontested divorce to start. While you are able to file this petition or complaint and summons yourself, it is not recommended to go into a divorce filing on your own. Cases that start out as uncontested, often end up being contested when issues arise.
In order for a divorce to be considered uncontested, here both parties must agree to terms like property division, child custody arrangements, spousal support, etc. If the parties do not agree on all issues, however, they will have to file for a contested divorce. This means that they are still seeking a divorce, but they cannot come to terms with everything.
The point of an uncontested divorce is that all matters are agreed upon. However, if the circumstances change, the court starts with the assumption that it is in the best interest of any children of the marriage to remain in the custody of both parents. If one party contests this, they must provide compelling evidence to convince the court that it would be more appropriate for one parent to have sole physical and legal custody of the children. A contested divorce can cost significantly more than an uncontested divorce because each side will hire attorneys.
In order to file for a no-fault divorce in Florida, you must have been a resident for at least six months prior to filing and your residency must be legal. Once you’ve established that you meet these requirements, then either spouse must submit a statement of irretrievable breakdown of the marriage.
In Florida, it is necessary to live apart for at least six months before filing for a no-fault divorce. After submitting your statement of irreconcilable differences and waiting out this time period, you may then file your petition with the court.