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Do I Need to Go to Court for My Divorce?

Everything You Need to Know About Lessening Court Requirements with Uncontested Divorce

With Florida being a no fault state, divorce is already made more attainable by getting rid of the requirement to prove any wrongdoing in the marriage. As long as a marriage is deemed “irretrievably broken,” a request for a divorce can be accepted. Even though it is easy, is it free from court requirements?

Simplified Dissolution of Marriage

The biggest factor affecting the necessity of court involvement is whether the divorce is uncontested. Uncontested divorces could be either standard or simplified. For a simplified dissolution of marriage, couples must:

  • Agree on all property division and divorce terms
  • Not be seeking alimony
  • Not have any dependent children
  • Not be expecting a child
  • At least one spouse must have lived in Florida within the last six months
  • UNCONTESTED DIVORCE ARE STILL AN OPTION…..SEE BELOW

Though this process is typically easier, it does not bypass a court appearance entirely. In simplified uncontested divorces, you and your spouse do not have to attend trial but MUST appear for the final hearing. In many cases only one party is required to appear. With electronic (ZOOM) appearances being held during a good portion of 2020 this process has become quite simple. This hearing takes place 21 to 31 days after the petition was filed with the court, thus still granting a fast and easy process.

Standard Uncontested Dissolution of Marriage

For couples who do not qualify for a simplified dissolution, the process may still be made simpler if the couple agrees on all matters of the divorce. In a regular uncontested dissolution of marriage, only one party is required to attend the final hearing.

  • Agree on all property division and divorce terms
  • Not be seeking alimony or have the alimony issue agreed upon
  • Not have any dependent children or have an agreed upon Parenting Plan
  • At least one spouse must have lived in Florida within the last six months

Contested Dissolution of Marriage

When couples cannot agree on the terms of their divorce, they necessitate further court involvement to dissolve their marriage. Rather than simply having a formal legal approval at the final hearing, the case will go to trial, where the judge will make decisions on the contested issues. Both parties must attend the final hearing and trials involved in contested divorce. This process is lengthy and costly and the parties will be required to attend a Mediation prior to a trial be set by the court.

While court is unavoidable in Florida proceedings, the process doesn’t have to be dreadful. The Law Office of Jerome P. Ventura can provide the professional help you need to close one chapter of your life and start anew.

When you’re facing divorce and the related court appearances, trust the Law Office of Jerome P. Ventura to represent you. Call now to get started: (954) 280-6119.

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