The term “uncontested divorce” refers to a divorce in which both spouses agree on the terms of their divorce.
Many divorces are challenging and stressful. For this reason, it is always wise to secure an uncontested divorce, rather than a long, drawn out divorce.
To secure an uncontested divorce, there are certain actions that a spouse can, and should, take.
Come To A Mutually Beneficial Asset Division Agreement
To secure an uncontested divorce, both spouses must come to a mutually beneficial asset division agreement. By doing so, there is no need for the division of specific assets to be contested.
For a divorcing couple to come to a mutually beneficial asset division agreement, they must agree on the ways in which specific marital assets will be divided and, in turn, which marital assets they will receive.
The simplest way for a divorcing couple to do this is to sit down and go over their marital and nonmarital assets. Right after doing so, the two spouses can then discuss, in a peaceful manner, which assets will go to which spouse.
Soon after both spouses come to a mutually beneficial asset division agreement, they will be able to finalize that agreement and move on.
A divorcing couple that is unable to do this will need to go to court. By going to court, the judge is given the power to divide marital assets, which can lead to further conflict between the two former spouses.
Come To A Mutually Beneficial Alimony Agreement
Some spouses are dependent on one another for financial support. A divorce can lead to that spouse losing the financial support that they require.
In order to prevent this from happening, the Florida courts often require one spouse to pay alimony to the spouse that is in need of financial support.
To secure an uncontested divorce, both spouses will need to sit down and come to a mutually beneficial alimony agreement. By doing so, the matter can be settled in a civil, pleasant manner.
A divorcing couple that is unable to do this will need to present evidence and testimony, allowing a judge to decide whether or not alimony is appropriate.
Come To A Mutually Beneficial Parenting Plan Agreement
Many spouses have children that, as a result of getting divorced, will not be living with both of their parents. To ensure that children are able to spend valuable time with their parents, a parenting plan will need to be developed.
A parenting plan determines factors as vast and varied as:
- The amount of time a child will spend with both parents.
- Who will pick up the children from school.
- Specific responsibilities that both parents will be sharing.
Given that a child’s parents know them, and their situation, better than the court, it is in their children’s best interest that they sit down and develop a mutually beneficial parenting plan.
Right after this parenting plan has been developed, the two divorcing spouses can agree to it and, then, move on with the divorce process.
A divorcing couple that is unable to do this must allow the judge to make these decisions for them and their children.
Speak With A Tampa Divorce Lawyer
Securing an uncontested divorce is always the best option for spouses and their children. Speak with a skilled Tampa divorce lawyer today and we will assist you in securing an uncontested divorce.
Sources:
flsenate.gov/Laws/Statutes/2022/0061.08
flcourts.gov/content/download/403367/file/995a.pdf