What is an Uncontested Divorce?
You may be concerned an uncontested divorce — in which the divorcing parties work out important divorce issues themselves instead of taking orders from the court — is riskier than a traditional divorce. Indeed, without the help of a lawyer, it can be risky. But a lawyer from Feldman & Schneiderman, P.L. can largely eliminate the element of risk by assuring you make intelligent long-range decisions.
How Does it Work in Florida?
In an uncontested divorce, the two parties mutually agree to the dissolution of the marriage. Because Florida is a no-fault divorce state, the divorcing parties are not required to provide grounds. It is sufficient for them to cite the irretrievable breakdown of the marriage.
The divorcing parties work out an agreement prior to the intervention of the court. This agreement covers all major matters, including:
- Spousal Support
- Child Support & Custody
- Division of Marital Assets
Owing to the long-term importance of these matters, the vast majority of uncontested divorces utilize legal counsel. In fact, the agreement the divorcing parties produce is usually the result of negotiation between the spouses, their lawyers and — where applicable — their mediators.
The uncontested divorce attorneys at Feldman & Schneiderman, P.L. have the experience, negotiating skills and legal expertise to protect your rights and serve your interests. They make sure all relevant facts are considered — even though grounds, in an uncontested divorce, are not an issue — and use these facts to:
- Determine appropriate spousal support
- Determine appropriate child support
- Create fair and workable custody, timesharing and parenting plans
- Ensure the equitable distribution of property
- Handle retirement accounts
What are the Advantages?
An uncontested divorce has decided advantages over a contested divorce:
- It is more amiable, and is generally non-adversarial.
- It fosters equality, mutuality and open communication between the divorcing parties.
- It is less expensive than a contested divorce.
But it places a greater burden on the divorcing parties to make the right decisions. For this reason, it is imperative to have a competent attorney supporting you in the decision-making process, and protecting the future financial security and welfare of all concerned.