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When Are Uncontested Divorces Possible?


Dissolving a Florida marriage is sometimes associated with lengthy court battles and high emotional stress, but it doesn’t always have to be that way. For some couples, there is a more straightforward, amicable, and cost-effective path to ending their marriage. Talk to a Port St. Lucie family law attorney about uncontested divorce entails and how to prepare for one.

Preparing for an Uncontested Divorce

An uncontested divorce occurs when both spouses agree on division of assets, child custody and support, alimony, and any other relevant issues. Since there are no disputes to resolve in court, the process can be faster, less expensive, and more private than a contested divorce. Essentially, an uncontested divorce is possible when both parties are willing to work together to resolve their differences.

To pursue this less adversarial option, a few priorities will smooth the process.

  • Open and honest communication between spouses is essential for uncontested divorces. This is because both parties must be willing to discuss and negotiate the terms of their divorce amicably. Being transparent about finances, assets, debts, and expectations regarding child custody and support is key.
  • Gathering all necessary documents early is a best practice. Once financial statements, property deeds, mortgage documents, tax returns, and any other relevant paperwork is organized and shared it will prevent delays and misunderstandings.
  • Drafting the Agreement. As spouses communicate and review documents, they can reach an agreement they are both comfortable with. At this point, a lawyer can guide them through crafting a written settlement agreement, a document that outlines the terms of the divorce. It will later be submitted to the court for approval. It is CRITICAL that the agreement is drafted with the precision of a good lawyer and includes the necessary legal language to prevent future misunderstandings, disputes, disappointments and a return to court.

Even in an uncontested divorce, consulting with a family lawyer is highly recommended. Before starting the divorce process, it’s wise to have a consultation with a legal professional who can provide you with an overview of the process, explain your rights and obligations, and offer guidance on how to approach negotiations with your spouse.

Reviewing an Agreement and Filing Papers

To protect yourself from future conflict, have a lawyer review your settlement agreement to ensure it is fair and legally sound. They can help identify any potential issues or areas that need clarification.

Next, a Port St. Lucie family law attorney will assist with the preparation and filing of the necessary divorce papers, so that all documents are complete and submitted to the appropriate court, minimizing the risk of complications. Even when the divorce is uncontested, having an attorney present during the final court hearing means any last-minute issues can be promptly addressed, ensuring that the process concludes without incident.

Have you been considering an amicable separation? Uncontested divorces are a more peaceful and cost-effective alternative to traditional contested divorces, making them an attractive option for many couples. Have a conversation with the legal team at Baginski, Brandt & Brandt about if this is an option for you and what steps you can take to navigate the process with greater ease and confidence. To learn more, schedule a confidential consultation, reach out today.

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Port St. Lucie 8483 S. U.S. Highway One
Port St. Lucie, Florida 34952
Stuart By Appointment Only 100 SW Albany Ave., Suite 300k
Stuart, FL 34994
Fort Pierce By Appointment Only 311 S 2nd St., Suite 102b
Fort Pierce, FL 34950
Telephone: 772-466-0707 Fax: 772-223-9290 or 772-466-0907 Office Hours: 8:30 to 5:00pm M-F