Uncontested Divorce in Florida: Step-by-Step Walkthrough Without a Court Hearing

Divorce is never an easy process, but understanding the steps involved, especially in uncontested cases, can make it smoother. In Florida, uncontested divorce offers a streamlined process without the need for a court hearing. Let’s walk through the process step by step:

1. Filing the Petition

The first step is filing a Petition for Simplified Dissolution of Marriage. Both spouses must agree on all terms, including division of assets and debts, alimony, and child-related issues if applicable. This document can be filed online or in person at the local courthouse.

2. Financial Disclosures

Both parties must provide financial affidavits detailing their income, expenses, assets, and liabilities. This helps in ensuring transparency and fairness in the division of marital assets.

3. Marital Settlement Agreement

Creating a Marital Settlement Agreement is crucial. This document outlines the terms agreed upon by both parties regarding property division, spousal support, and child custody and support if applicable. It should be comprehensive and clear to avoid future disputes.

4. Parenting Plan

In cases involving minor children, a Parenting Plan must be submitted. This plan outlines how parental responsibilities and time-sharing will be divided post-divorce. It focuses on the best interests of the children.

5. Final Hearing Waiver

Since uncontested divorces do not require a court hearing, both parties must sign a Final Hearing Waiver. This document acknowledges that they agree to the terms outlined in the Petition and associated agreements.

6. Filing the Final Documents

Once all required documents are prepared and signed, they must be filed with the court. The court will review the paperwork, and if everything is in order, finalize the divorce without the need for a formal hearing.

7. Final Judgment

After reviewing the documents, the court will issue a Final Judgment of Simplified Dissolution of Marriage. This legally dissolves the marriage and confirms the agreements reached by both parties.

Going through an uncontested divorce in Florida can be a straightforward process if both spouses are in agreement. However, it’s always advisable to seek guidance from a qualified attorney to ensure all legal requirements are met.