Jacksonville Uncontested Divorce Lawyer
What Is an Uncontested Divorce?
An uncontested divorce occurs when both spouses agree on marital matters involved in legally ending the marriage. An uncontested divorce is possible if both spouses want the divorce, come to an agreement about child support, child custody, visitation, alimony and division of assets and liabilities.
Even if you and your spouse agree on major issues, however, you still need to ensure that your rights and finances are being protected. You should still retain a lawyer before making any agreements or signing anything. One small error or oversight on your part could lead to serious negative consequences.
At the Law Offices of Jason K.S. Porter, P.A., we work working closely with our clients in order to fully understand their needs so they can obtain their goals as their marriage comes to an end. On the flip side, if you are experiencing a contested divorce and cannot reach a mutual agreement, we can effectively guide you to a favorable outcome.
Do I Need a Lawyer for an Uncontested Divorce?
Even when agreements have been made, the legal process of filing for divorce can be complicated and time consuming. By retaining a Jacksonville uncontested divorce attorney who is trustworthy, experienced in family law and is concerned that you reach a positive outcome, your chances for a successful settlement are much higher. Every case is unique and deserves individual attention. An uncontested divorce can be less trying on all parties involved, including any children from the marriage.
Types of Uncontested Divorce in Florida
Florida actually offers parties two types of uncontested divorce: A simplified dissolution of marriage, and a regular dissolution.
As the name implies, a simplified dissolution offers couples a streamlined, straightforward way to dissolve their marriage. You can only file for a simplified dissolution if:
- You and your spouse both agree to use this method and at least one of you has lived in Florida for the last six months;
- You share no minor or adopted children under the age of 18 and neither spouse is pregnant;
- You agree on how to divide your assets and debts;
- Neither spouse seeks alimony.
If you meet these requirements, you can fill out forms for a simplified dissolution and file them with your county court. The court will assess the forms and, if everything is in order, will finalize the divorce.
Most spouses don't meet the terms for a simplified dissolution, and instead, have to file for a regular dissolution.
In many uncontested divorces, the parties draft an agreement stating the terms they have agreed to before actually filing for divorce.
The process of obtaining a regular dissolution often looks something like this:
- One party, the petitioner, files a Petition for Dissolution of Marriage with the court. The petition involves various forms stating the details of the marriage and the proposed terms for the divorce.
- The petitioner must serve the respondent with a notice of the divorce, typically through a third party such as a process server or sheriff.
- The respondent can file a response with the court, although in many uncontested divorces the respondent chooses not to or waives their right to respond, allowing the court to proceed with the divorce.
- The court holds a hearing both parties attend. At this stage, the parties can present their divorce agreement to the court and ask the judge to incorporate it into the divorce decree. If the judge deems the agreement equitable and agrees to do so, they will implement the agreement into the decree, finalizing the divorce.
As you move through your uncontested divorce, having an attorney you trust by your side is invaluable. Our Jacksonville uncontested divorce lawyers will work with you to ensure you find the best path forward in your divorce.
The Benefits of a Collaborative Divorce
Collaborative divorce began in the 1990's in Wisconsin – the concept was so popular among divorcing parties that it quickly spread to the west coast and has found its way throughout the nation. Should a couple choose to partake in a collaborative divorce, they will agree to sign what is known as a Participation Agreement. Upon signing this, they (and their attorney) will work with the other side to come to an agreement that is agreed upon by both sides.
By avoiding hearings, depositions and any bitter courtroom battles, both parties can protect both themselves and their families as they find their own way through the divorce process.
To safeguard against the possibility of one of the sides backing out and trying to take the other to court, there is an agreement to find a new attorney should the process fail. While this can be difficult, the benefits can often outweigh any costs.
Avoid a Contested Divorce with Our Help
Both the Florida Supreme Court and the Florida Bar have approved of the collaborative divorce process. By avoiding a contested divorce, both parties can save themselves financial and emotional stress – and can help make the process as painless as possible for any children involved. If you are currently facing the dissolution of your marriage, it is important that you look into all of your legal options.
At the law offices of Jason K.S. Porter, P.A., we have extensive experience with family law and recognize the emotional turmoil that can be stirred up by something of this nature. Should you choose to work with a Jacksonville collaborative divorce lawyer from our firm, you will be able to breathe easier knowing that you will have an advocate on your side who is interested in your case and helping resolve your situation as amicably as possible.
Work with a Firm You Can Trust
At the Law Offices of Jason K.S. Porter, P.A., we would like the opportunity to use our years of experience to assist you. We are knowledgeable in all aspects of family law and have had great success in obtaining favorable outcomes for our clients. Our experience in mediation, negotiation and litigation along with success as trial attorneys will be of great benefit to you. Our firm is confident that we can help regardless of the circumstances of your dissolution.
It is important that you understand the process and any questions you have are answered. Call (904) 701-0591 or contact us for your case evaluation.
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