Service
Uncontested dissolution of marriage
For spouses who already agree on the terms and have no minor children together. When the agreement is genuine, a Florida divorce is largely a documents-and-disclosure process rather than a dispute.
What "uncontested" has to mean
Uncontested does not mean amicable. It means you and your spouse already agree on every issue the court has to resolve: how property is divided, how debts are divided, and whether either of you will pay alimony.
If any one of those is still open, the case is contested, and it should be handled as a contested case from the start. A matter dressed up as uncontested when it is not tends to fall apart late, which costs more than starting honestly.
This service is limited to couples with no minor children in common. Where minor children are involved, Florida requires a parenting plan and a child support determination, and the court applies its own judgment to both. That is a different matter and this firm refers it out.
What the process involves
- Residency. Florida requires that one of the spouses has resided in the state for at least six months before the petition is filed. This has to be proven, not merely stated.
- Financial disclosure. Florida family law requires each spouse to exchange financial information. In some uncontested cases certain disclosure obligations can be waived by written agreement; others cannot. Which is which depends on the type of petition and the facts, and it is worth knowing before you sign anything.
- The marital settlement agreement. This is the document that actually matters. It records the division of assets and debts and the alimony decision, and once the court adopts it, it is enforceable. Most of the real work in an uncontested divorce is here.
- Filing and the final hearing. The petition and supporting documents are filed and the court enters a final judgment. Depending on the county, that happens after a brief final hearing, which in many counties may be held remotely. Where there is a hearing, the court is confirming that the requirements are satisfied and that the agreement is what both parties intend.
Where uncontested divorces actually go wrong
The agreement is silent on something
Retirement accounts, a jointly-titled vehicle, a timeshare, a tax refund for the year of the divorce, who keeps paying a joint card until it closes. Anything the agreement does not address stays unresolved, and resolving it later means going back to court.
Real property is divided in the agreement but not in the records
An agreement that says who gets the house is not a deed. If title is not actually transferred, the property records still show both names, and that surfaces at the worst possible moment — a refinance or a sale, years later.
One spouse assumes a name will be restored automatically
Restoration of a former name is generally requested within the dissolution case. If it is not requested there, it usually means a separate name change petition afterward. See adult name change.
How this firm handles it
As a defined engagement with the scope and fee in writing before any work begins: preparing the petition and supporting documents, drafting the marital settlement agreement, handling the filing, and appearing at the final hearing.
One lawyer cannot represent both spouses. This firm represents one of you, and the engagement agreement says plainly which one and what that means for the other.
This page describes Florida procedure in general terms. It is not legal advice about your situation, and reading it does not make this firm your lawyer. Requirements and local practice vary by circuit.