Many divorcing couples are quick to assume the process is long and expensive, no matter the circumstance. While this may be the case for some, couples that agree on issues such as property division, alimony and child support may be able to file for an uncontested divorce.
The proceedings of an uncontested divorce are more streamlined than a contested divorce. You will not be required to attend mediation or spend hours in the courtroom and you and your spouse will have the final say on all marital issues. Contact an attorney today if you plan to file for an uncontested divorce.
Brooksville, FL Divorce Attorney
An uncontested divorce is one of simplest ways to dissolve a marriage, but that doesn’t mean it is free from complications. Contact Ashley M. Aulls, P.A. if you plan to file for an uncontested divorce. A marital separation agreement is vital to a successful divorce. Once the court accepts the agreement, it’s challenging to modify.
Ashley Aulls will inform you through the divorce process. He will make sure all the necessary issues are covered and the final agreement is in your best interest. Don’t go through this process alone. Contact Ashley M. Aulls, P.A..
Call (352) 593-4115 or submit your information in the online contact form to schedule a consultation. Ashley M. Aulls, P.A. assists clients with divorce in Hernando County, Citrus County and Sumter County communities.
- Uncontested Divorce in Florida
- Alimony in an Uncontested Divorce
- Do I Need an Attorney for an Uncontested Divorce?
- Additional Resources
An uncontested divorce also called a simplified dissolution of marriage, is for couples that are willing to cooperate and wish to end their marriage on a good note. Unfortunately, though, not every Florida couple is eligible to end their marriage through an uncontested divorce.
If you and your soon to be ex-spouse cannot agree on issues pertaining to the dissolution of the marriage, you will not be able to go through with an uncontested divorce. A marital settlement agreement is required when a couple decides to end their marriage through an uncontested divorce. Some of the issues that need to be addressed in this agreement include:
- Division of property and debts
- Child custody and support
Whether you decide to end your marriage through an uncontested or contested divorce, the state requires that at least one spouse has lived in Florida for at least six months and the marriage is irretrievably broken. A marriage is considered irretrievably broken when there is nothing either spouse or the court can do to fix it.
Following a divorce, your life will change significantly. Depending on your circumstances you may require support form your former spouse to maintain the lifestyle you once had or to transition into single life. To make divorce as fair and equitable for both spouses, the Florida Legislature adopted the concept of alimony.
Alimony is an issue that is commonly addressed in an uncontested divorce agreement. You and your spouse will have control over who will be awarded the support and which type. There are four forms of alimony available under Florida law. According to section 61.08 of the Florida Statutes, you could be awarded one of the following types of alimony:
- Bridge the gap: This is a short-term form of alimony. It’s awarded for up to two years and used to make the transition from married to single as comfortable as possible.
- Rehabilitative: One spouse may have sacrificed education or work opportunities during a marriage and will require training or education to gain employment. Rehabilitative alimony does just that. It provides funds for a spouse to acquire the skills and knowledge needed to enter the workforce.
- Durational: This form of alimony is awarded when rehabilitative and bridge the gap is insufficient for a spouse’s needs. Durational alimony cannot be issued longer than the length of the marriage. This means if you were married for four years, you would not be able to receive the support for more than four years.
- Permanent: This type of alimony is typically awarded to longer marriages so a spouse can continue to have the standard of living established during the marriage. These spouses may also be older or ill and lack the abilities necessary to be self-supporting.
One of the biggest mistakes divorcing couples make is going through the proceedings without the help of an attorney. Since they agree on all the issues and their case is not going in front of a judge, they assume they file without the assistance of an attorney.
Because of the complex nature of a marital settlement agreement, it should always be drafted with the help of an attorney. If the settlement is poorly drafted, doesn’t cover all the issues or fails to protect the rights of one spouse, it can be expensive and difficult to modify it once executed.
The cost of trying to fix a poorly drafted agreement is much greater than having an attorney properly prepare the document the first time. No matter how much you think you know about divorce in Florida, it is always encouraged that you hire an attorney. Even the most esteemed lawyers with immense knowledge of divorce laws go through the process under the guidance of an attorney.
Alimony | Florida Statutes - Follow this link to learn more about alimony in Florida. You can find out more about the types of alimony mentioned on this page and what the court considers when deciding to award the support. The code can be read on Online Sunshine, the official website of the Florida Legislature.
Dissolution of Marriage | Florida Statutes - Visit Online Sunshine to read the section of the Florida Statutes that govern divorce. You can find out what the court considers an irretrievably broken marriage, when they may order child or spousal support and required information.
Hernando County Divorce Lawyer
If you and your spouse plan to file for an uncontested divorce, it’s vital you contact experienced legal representation. An uncontested divorce will require legal representation you can trust. Find it at Ashley M. Aulls, P.A..
Ashley Aulls has over a decade of experience with family law. He has helped many clients successfully file for an uncontested divorce, and he wants to do the same for you. To schedule a consultation, call (352) 593-4115.
Ashley M. Aulls, P.A. assists clients with an uncontested divorce in communities across Hernando County, Citrus County and Sumter County.