What is an Uncontested Divorce?

An uncontested divorce is an excellent way to reduce the cost of ending your marriage. A divorce “uncontested” a couple agrees on all the critical issues involved in a divorce. If you disagree on even a single issue, then your divorce is contested, and the court will have to decide the issue.

Contact Empowerment Legal, PLLC. We can help you negotiate a divorce so that you can avoid the time and delay associated with contested divorces.

What Critical Issues Must You Reach Agreement On?

You can have an uncontested divorce if you agree on the following:

1. Child Custody

Parents will negotiate their own custody arrangement and then submit it to the court for approval. Custody consists of both legal custody and physical custody. You should also draft a detailed parenting plan.

2. Child Support

Both parents financially support their children. Typically, one parent makes monthly payments to the other after divorce. The state’s guidelines calculate child support based on the number of children, each parent’s incomes, and the number of children supported.

A parent cannot waive child support for their children. Usually, parents follow the guidelines when arriving at child support, although you might depart if your child has unusual medical or educational needs.

3. Division of Marital Property and Debts

Florida is not a community property state. Instead, we follow equitable division principles. All marital property needs to be divided fairly between spouses when they divorce.

Generally, all property acquired after marriage is considered marital. That is a wide category and can include:

• Real estate
• Motor vehicles and boats
• Cryptocurrency
• Cash in a bank
• Stocks and bonds
• Savings accounts
• Business interests
• Pets
• Art
• Jewelry

Some exceptions are any gifts you received (from someone other than your spouse), as well as an inheritance left solely to you. Those would be considered “separate” property, as is any asset you acquired before marriage.

To obtain an uncontested divorce, you must arrive at a division of your marital property. This is often a sticking point, because the couple might fight over the house or retirement accounts.

4. Alimony or Spousal Support

To obtain an uncontested divorce, you and your spouse should reach an agreement on alimony. Both spouses might agree to waive any right to alimony, or you could come up with an alimony agreement. For example, you might agree to make payments for five years.

We strongly encourage you to meet with a lawyer if you earn less than your spouse. Alimony is often a critical financial pillar for spouses with less education or work experience, and you should not easily waive any right to alimony.

Speak with a Jacksonville Divorce Lawyer

Empowerment Legal, PLLC, opened our doors to assist men and women with their legal needs. Divorce can be exhausting. Fortunately, couples can work together to reach agreement on the most important issues and seek an uncontested divorce. You will save money, lower stress, and probably be happier with the result. Do you have questions? Call our office to speak with a Jacksonville divorce lawyer in a private consultation.

Sources:

floridarevenue.com/childsupport/child_support_amounts/Pages/child_support_amounts.aspx

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html