In an uncontested divorce, there are no disputes between spouses regarding any major issues with their proceedings. Because of this, uncontested divorce proceedings tend to run much more smoothly than contested divorces, or divorces where spouses cannot agree and need to have their differences resolved before a judge. In Florida, an uncontested divorce only remains uncontested if both spouses can reach an agreement and file their agreement with the courts. The courts will typically will approve these divorce terms, as long as it is reasonable and in the best interest of children involved.
Uncontested divorces are generally less expensive than contested divorces. Additionally, an uncontested divorce can take much less time to finalize than a contested divorce. It can be far less stressful for your children if you and your spouse are able to amicably settle your differences.
However, even if two spouses go into a divorce proceeding believing that they have resolved any differences, it is still possible for issues to arise. For this reason, it is important to work with an experienced Fort Lauderdale divorce attorney, even if you do think you divorce will go uncontested. Sometimes, uncontested divorce proceedings can turn into a contested divorce. Therefore, it is vital that you have legal counsel available.
It is important that communication between you and your spouse does not break down over the course of your divorce proceedings. Typical issues that are present in any divorce are child custody, child support, visitation and time-sharing, alimony and property division. Even if you and your spouse agree on these issues, it is still wise to work with legal counsel in order to draft your agreement and create a parenting plan, if necessary. An experienced divorce attorney will also give practical legal advice to ensure your rights are protected.
In an uncontested divorce, the individual spouses will need to make their own determinations regarding issues like spousal support. Calculations of spousal support need to be done outside of court, and so it may be in your best interest to work with an attorney in order to protect your interests. During these types of negotiations, you and your spouse can determine spousal support, child support, custody or visitation.
There will still need to be a final hearing before a judge, but it will be very short. There are requirements in the divorce statutes regarding what items need to be included in a parenting plan, and a judge can review yours to be sure the requirements are met.
Working with an experienced divorce lawyer is in your best interest, even if you feel your divorce is uncontested. Serena Carroll has an in-depth understanding of all sides of the family law system, and her experience and commitment to family law issues is an asset to every one of her clients. Contact a Fort Lauderdale uncontested divorce attorney from The Carroll Law Firm to set up a confidential consultation – (954) 525-2050.