Florida law allows individuals to file for an uncontested divorce. This type of proceeding may be preferable to those who want to dissolve their marriages as quickly, affordably and amicably as possible. However, there are several items that you should consider before determining if an uncontested divorce is a practical way to end your relationship.
Does your spouse want a divorce?
It’s important to note that you can get a divorce regardless of how your spouse feels about your decision to pursue one. It’s also important to note that failing to show up to proceedings related to the dissolution of the marriage is akin to agreeing to end the marriage. However, if your partner doesn’t want a divorce, it may take several months to officially sever your relationship with them.
If you have children together, child support and custody issues must also be worked out before you can file for an uncontested divorce. It’s possible that your spouse will use the children as tools to extract unfavorable concessions from you. In such a scenario, you may have no choice but to go to court.
Do you have a complex marital estate?
During the divorce process, your top priority should be to obtain the assets that you’re entitled to by law. If your spouse has stock options, unused capital losses or other miscellaneous items that you might be entitled to, it may be best to take your time when crafting a settlement. It may also be necessary to work with a mediator to help resolve issues related to retirement accounts, a family home or other assets that might grow in value over time.
An uncontested divorce may be an effective way to end a relationship without a lot of drama. However, it’s important to think about whether it’s the best method for you before filing marriage dissolution paperwork.