Uncontested Divorce – What You Need to Know Before Hiring a Lawyer

Every divorce deals with complex issues, including property division, alimony, and child or spousal support. Your case may be uncontested if you and your spouse can agree on all matters before trial.

This type of divorce can be less expensive and time-consuming than a contested divorce. However, it can still take an emotional toll on you and your family.

How Does It Work?

Uncontested divorces typically go through quicker than contested ones and may result in fewer expenses. This is because they usually do not require a trial or other time-consuming legal proceedings.

However, you should know that uncontested divorces can still be complex. For an uncontested divorce to work, you and your spouse must be able to reach a settlement agreement on all issues. This includes property division, alimony, child custody, and the allocation of healthcare insurance, pensions, and other assets.

In addition, you must also be able to agree on what are called “child support add-ons.” These include unreimbursed medical expenses, childcare costs, and educational expenses. If you and your spouse cannot agree on these items, then an uncontested divorce is likely not the right option. Your attorney can help determine whether an uncontested or contested divorce Tampa suits your situation.

How Much Will It Cost?

If you and your spouse agree on all issues in your divorce, you may qualify for an uncontested dissolution of marriage. Typically, this process is less expensive than a contested divorce and can be completed more quickly. It is also less emotionally stressful, which is especially important if you and your spouse have children. Additionally, the financial documents you use to determine property division and alimony remain private instead of becoming public records.

Whether you are seeking an uncontested or contested divorce, it is essential to hire a lawyer and an experienced attorney who can work with you to complete your divorce proceedings cost-effectively and timely. She is a skilled negotiator and will try to find common ground with your spouse to minimize the time spent in court. If compromise is impossible, she will tenaciously advocate on your behalf in court. This will ensure that your interests are well-represented.

Will I Have to Go to Court?

If a couple agrees on all issues in their divorce, the court can proceed as an uncontested divorce. Couples can put their agreement in writing either on their own or with the help of a professional. It will become an uncontested divorce if they submit their understanding to the court before or after a statutory waiting period.

It’s important to understand that you must still serve your spouse with the appropriate paperwork, even with an uncontested divorce. Once you buy an index number and file a Summons with Notice or Summons and Verified Complaint (which states the reasons for your divorce), you must have someone over age 18 serve your spouse with these papers.

An attorney can help you file these documents, serve your spouse, or apply alternate types of service your state may allow (like affixing the papers to their door or publishing them in a newspaper). Your lawyer can also assist with resolving any disagreements and disputes in your case.

Will I Have to Represent Myself?

The spouse who asks for the divorce is called the petitioner, and the other spouse is the respondent. If the couple agrees on all divorce terms and files a joint petition for uncontested divorce, the case can be resolved with a final hearing before a judge without going to trial.

There is always a chance that an initially uncontested divorce could become contested during the case. This may happen if one of the parties disagrees about specific issues such as child custody, property division, or spousal support.

If the parties cannot agree about contested issues, they can use mediation to resolve those concerns. A mediator is a neutral third party that talks to the two parties with or without their lawyers and tries to help them find common ground.

A person filing a divorce must serve the Defendant with papers informing them of the divorce. It is often best if the Defendant receives these papers in person. If a person cannot serve the Defendant personally, they can use alternative services such as mailing or a friend or relative.