June 23, 2022

Is a Lawyer Necessary in Florida Uncontested Divorces?

In Florida, an uncontested divorce can be completed in one of two ways: (1) using the streamlined form, or (2) using the regular way.

It is easier and takes less time to use the simplified version. However, it only applies to spouses without dependent children who do not seek alimony and has various additional limitations.

A standard uncontested divorce requires more forms and takes longer. Most parties in this form of divorce would benefit from consulting with a lawyer to ensure that their agreed-upon conditions do not have unanticipated negative implications. However, the laws of ethics prohibit a lawyer from consulting with both sides.

Of course, in this form of divorce, you would not pay a lawyer to defend you in court. There are no legal concerns for attorneys to fight in court because it is uncontested, which means that both parties consented to its provisions in writing.

An Uncontested Divorce Can Be Done With or Without an Attorney

It is possible to represent yourself in an uncontested divorce in Florida.

However, it is not recommended.

A regular uncontested divorce is completed through the court and requires several forms to be filled out and filed. The forms include information about property, children, and any agreement about other issues such as alimony and child support. If you do not fill out the forms correctly, you may need a judge to make corrections for you. This may prolong any divorce process and cause you to incur additional court costs.

If you need an attorney to help you do an uncontested divorce in Florida, the filing fees are the same.

If you hire an attorney to do your uncontested divorce in Florida, they will review all required documents and make sure they are filled out correctly. They can then file the documents with the court on your behalf, submit parenting plans and parenting time agreements to the court, and represent you in court if needed.

If an attorney represents you, you will need to pay the court directly for any fees associated with correcting or modifying final orders. Not all lawyers charge the same, so you may want to do some comparison shopping. Also, be sure that you are comfortable with your lawyer and that they are responsive. You cannot have an attorney represent you and your spouse at the same time in an uncontested divorce in Florida.

Types of Uncontested Divorces

There are two types of uncontested divorces in Florida for couples: (1) the Simplified Dissolution of Marriage procedure, which is simple enough to do without a lawyer but can only be used where only a limited number of issues arise, and (2) going through the regular Uncontested Divorce procedure, with the agreement of all the terms by both parties.

Uncontested divorce has the following advantages: (1) it is less expensive, (2) it is a simpler and faster divorce, (3) it avoids unpleasant recriminations, and (4) it decreases post-settlement disagreements concerning its terms. In general, court processes are less formal, and the marriage ends on better terms, which is especially essential when children are involved.

Conclusion

An uncontested divorce in Florida is a good option for couples where both parties agree on all the divorce terms, and there is no property to divide. A lawyer can help you make sure you fill out all the required documents correctly and ensure you get the results you want.

If you’re ready to make decisive steps regarding your divorce, seek help from our top Jacksonville attorneys at Dorsey Law JAX’s pool of reliable lawyers. Call us now at (904) 394-2865.

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