Required Documents for an Uncontested Divorce in Florida
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While they are more straightforward than contested divorces, uncontested marriage dissolutions still require attention to detail and thorough preparation. Understanding the necessary steps and documents involved can help you streamline the process and reduce stress. Reach out and have a conversation with an Orlando family lawyer to learn more.
Steps and Required Documents
In uncontested divorces, both parties typically agree on all major issues, including property division, child custody, child support, and alimony. That said, the process still has required steps. Some of the documents that a legal professional can take care of for you include the following.
- Petition for dissolution of marriage. Sometimes separation happens over an extended period of time, but the divorce process officially begins when one spouse (the petitioner) files a petition. The document states the desire to end a marriage.
- Not always necessary, a summons is a legal document used to notify the other spouse (the respondent) about the filing. If both parties are in agreement, the respondent can waive the service.
- Marital settlement agreement. Outlining the agreed terms for property division, debts, alimony, and if applicable, child custody and support, the settlement agreement is a key document.
- Financial affidavits. The type of affidavits that need to be filed will hinge on if the incomes of the parties involved are under or over $50,000 annually. Then, both parties must complete the appropriate financial affidavits, detailing income, expenses, assets, and liabilities.
- Parenting plan. If there are minor children, a detailed parenting plan that includes custody arrangements, visitation schedules, and parental responsibilities is required.
- Child support guidelines. When applicable, this form calculates the amount of child support to be paid based on the parents’ financial information.
- Social security numbers. Both parties must provide their social security numbers, for administrative purposes.
- Final judgment. A final dissolution of marriage judgment will be signed by a judge, then the divorce is granted.
There are timelines in place for all of these documents. For example, after filing the initial petition, unless service is waived, the respondent has 20 days to file an answer. As the process moves forward, both parties must exchange financial affidavits and other mandatory disclosure documents within 45 days of the service of the petition. When everything moves smoothly and both parties agree, a court hearing will be scheduled to finalize the divorce. This can typically occur within a few months of filing.
Preparing Before Meeting with an Attorney
To expedite the process, bring the documents you have with you to your first meeting with an Orlando family lawyer. Some initial documents that can be helpful include marriage certificate, tax returns, and any pre-existing agreements regarding property, custody, or support.
Are you preparing to exit a marriage? While a Florida uncontested divorce is simpler than a contested one, there is still the need for careful preparation and adherence to legal procedures. To work through best practices, make an appointment with the family law attorneys at Donna Hung Law Group. Call 407-999-0099 or contact us to book a confidential meeting.