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Three individuals seated at a table, signing documentsIn this article, you can discover:

  • The streamlined process of filing for an uncontested divorce.
  • How assets and debts are divided amicably between parties.
  • The typically minor role of spousal support in short marriages.

What Is The Process For Filing An Uncontested Divorce?

Filing for an uncontested divorce can be a straightforward process, whether you choose to proceed with or without an attorney. In such a divorce, both parties agree on key issues like asset division, and they file for divorce with the understanding that there will be no contest.

This typically involves seeking an expedited hearing and approval of the settlement agreement. Generally, you can expect a final hearing on the dissolution and the issuance of a divorce order approximately 45 days after filing.

How Are Assets And Debts Divided In An Uncontested Divorce?

In an uncontested divorce, the division of assets and debts is typically based on mutual agreement between the parties. In these cases, separating couples usually have a clear understanding of how to split their assets and handle their debts. Typically, individual debts are often retained by each party, while joint debts are addressed in the divorce agreement to ensure fairness. The assets are then divided according to the agreed-upon terms. Unlike in contested divorces, where the court may need to intervene, in an uncontested divorce, the parties maintain control over the outcome.

What Role Does Spousal Support Play In An Uncontested Divorce?

Uncontested divorces are usually focused on achieving a quick resolution, with both parties agreeing on the terms, including any spousal support arrangements. Generally speaking, spousal support is not a major issue in uncontested divorces, particularly if the marriage was short-lived. In some cases, it might be waived or considered irrelevant. However, in cases of longer marriages, spousal support could be addressed in the marital settlement agreement if it becomes a point of discussion

How Is Child Custody Determined In An Uncontested Divorce?

In an uncontested divorce, child custody arrangements are typically outlined in the marital settlement agreement. This agreement details who will be the primary caregiver, where the child will primarily reside, and sets forth the arrangements for vacations, holidays, and visitation.

What Factors Are Considered In Deciding Child Support Payments?

When determining child support payments, several factors are taken into account, including the time the child spends with each parent, the child’s needs, and the income and expenses of both parents. Many parents opt for a 50/50 custody arrangement to share the child’s expenses evenly and spend more time with the child.

However, while the parties can agree on the amount of child support that works for them, it’s important to note that there are guidelines mandated by the court. As such, agreements that fall below these guidelines may not be officially recognized by the court, which could lead to enforcement issues in the future.

Can Parents Create Their Own Custody And Visitation Arrangements In An Uncontested Divorce?

Yes, in an uncontested divorce, parents have the freedom to create their own custody and visitation arrangements. The court typically allows parents to determine these arrangements, stepping in only if there are specific issues that need to be addressed. It’s advisable for parents to develop detailed and specific visitation arrangements to facilitate enforcement if necessary. Clear agreements ensure that both parties understand their rights and obligations regarding custody and visitation, reducing the likelihood of future conflicts.

For more information on Filing For An Uncontested Divorce In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (305) 363-6066 today.

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