How to Prepare for your Uncontested Divorce
If you and your spouse meet certain criteria, you can complete an uncontested divorce. This type of divorce, also known as a simplified dissolution of marriage, can save money, save time, and reduce the amount of conflict you and your partner face during the divorce process. Getting divorced is stressful, and even couples who generally work cooperatively can see their relationships deteriorate under the stress of the divorce process.
An uncontested divorce, like any divorce, requires the couple to plan ahead. Once you and your spouse determine that your marriage is over and there is no chance of reconciling, start taking steps to dismantle your marriage. One of these is to eliminate your marital debt. Marital debts, like the balances on your joint credit cards and student debt for which you both signed, belong to you both. Paying these debts down before you file for divorce can make it easier for you to divide your marital assets.
Think about what both of your lives will look like after your divorce is finalized. Communicate about what you want and listen to your spouse when he or she expresses what he or she wants. At this point, it is in your best interest to discuss your divorce with an experienced lawyer to ensure that you are not overlooking any important considerations or acting against your own interests.
Create your Written Property Division Settlement
With an uncontested divorce, you and your spouse have complete control over how your marital assets and debts are divided. You are under no obligation to divide your assets equally, or even equitably, as Florida law requires when the court handles a couple’s property division. You can, however, use the guidelines Florida courts follow to help yourselves divide your marital estate.
Although you are not required to document your settlement in writing, doing so will preserve your settlement plans for future reference. A written document is easier to submit to the court and more difficult to contest later.
Gather All the Documents you Need for your Hearing
Before your divorce can be finalized, you and your spouse will need to attend a brief hearing. At this hearing, the judge will determine that you meet all the necessary criteria for an uncontested divorce. Bring your driver’s license or another form of identification.
At your hearing, the judge will review your property division settlement to ensure it complies with Florida law. Once the judge has determined that your divorce is valid, he or she signs the final judgment to end your marriage.
Work with an Experienced Orlando Divorce Lawyer
For more legal guidance as you prepare for your divorce, contact experienced Orlando divorce lawyer Steve W. Marsee, P.A. to set up your initial legal consultation in our Orlando office. During your consultation, we will go over the issues you are facing and the current state of your marriage to help you determine if an uncontested divorce is the right choice for you and your spouse.