An uncontested divorce in Florida allows you to end your marriage when you and your spouse agree on all issues, including property division, support, and any parenting arrangements. As Jacksonville uncontested divorce attorneys, we represent clients who want to resolve their divorce by agreement. We review your settlement for missing provisions, explain how the terms affect your rights, and prepare the documents needed to complete the court process. Before you sign, contact us to discuss whether your agreement fully addresses your finances and your family’s needs.
Why Choose Tupper Law for Your Uncontested Divorce?
Your divorce agreement should clearly explain your rights and responsibilities after the case ends. We bring several perspectives to reviewing its terms:
- Family law and appellate perspective: Our work in family law and appeals informs our review of how a court may interpret your settlement.
- More than 20 years of legal experience: Attorney Michael Tupper has practiced in Florida since 2004, helping you evaluate settlement terms with an understanding of how divorce issues are addressed in court.
- Practical settlement review: We assess whether your proposed terms clearly define each spouse’s obligations and address what happens if those obligations are not met.
- Advice before you give up rights: We explain the consequences of waiving alimony or accepting financial obligations so you can make informed decisions.
What Makes a Divorce Uncontested in Florida?
You must agree on every financial and parenting issue, not simply that the marriage should end. Most Florida divorces are based on the marriage being irretrievably broken, without needing to prove fault. You can settle before filing or while your divorce is pending.
Your agreement should be informed and voluntary. If you suspect hidden assets or feel pressured to accept terms, tell us during your consultation.
Who Can File for an Uncontested Divorce in Florida?
At least one spouse must have resided in Florida for six months before filing for divorce. Both spouses do not need to live in Florida, but you must be able to establish that the residency requirement is met. We help you confirm eligibility and determine the appropriate county for filing.
What Do You and Your Spouse Need to Agree On?
Your settlement should address all relevant issues and explain how each obligation will be carried out. Depending on your circumstances, that may include:
- Property division: Your home, vehicles, bank accounts, retirement benefits, and other assets.
- Debts: Responsibility for mortgages, credit cards, loans, and other marital obligations.
- Alimony: Whether support will be paid, its amount and duration, or whether it will be waived.
- Parenting arrangements: Parental responsibility and a detailed time-sharing schedule.
- Child support: Support calculated under Florida law, including health insurance and childcare expenses.
If one spouse keeps the home, the agreement may need refinancing deadlines and a plan if refinancing fails. Dividing certain retirement accounts may require a separate court order.
Is Uncontested Divorce the Same as Simplified Dissolution?
No. Simplified dissolution is a separate procedure with restrictions involving minor or dependent children and pregnancy. You must agree on property and debts, and neither spouse may seek alimony. Both must sign the petition, attend the final hearing together, and be willing to waive trial and appeal rights.
If you do not qualify, you can still pursue an uncontested divorce through the regular dissolution process.
Can You Have an Uncontested Divorce With Children?
Yes. You can divorce by agreement with children, subject to court approval of your parenting and support arrangements.
Your parenting plan should address decision-making responsibilities and provide a workable time-sharing schedule. Holiday arrangements, exchanges, and communication between households deserve attention. The judge evaluates parenting terms based on your child’s best interests.
Child support must comply with Florida law. Agreeing on an amount does not automatically make it acceptable to the court.
How Does the Uncontested Divorce Process Work in Jacksonville?
The steps depend on your circumstances and whether you use regular or simplified dissolution. Generally, we help you through the following:
- Review your situation. We discuss your proposed terms and confirm eligibility.
- Prepare your documents. We help draft or review the settlement and address financial disclosure requirements, including any permitted waivers.
- File and complete procedural requirements. We handle the filings and help address service or waiver requirements. Jacksonville cases filed in Duval County proceed through the circuit court.
- Complete parenting requirements. Parents of minor children generally must complete an approved parenting course.
- Prepare for final judgment. We explain the final hearing requirements and any remaining steps. Your marriage ends when the judge enters the final judgment.
How Long Does an Uncontested Divorce Take?
Florida generally requires a 20-day waiting period after filing, although a limited exception applies. Finalizing your divorce may take longer depending on court scheduling and whether your paperwork and other requirements are complete.
How Much Does an Uncontested Divorce Cost?
Costs depend on the issues involved and the work needed. An uncontested divorce generally costs less than a contested case because fewer disputes require negotiation or hearings. Attorney’s fees and court costs are separate expenses. We can discuss anticipated work and fees during your consultation.
Do You Need a Lawyer for an Uncontested Divorce?
You are not required to hire a lawyer for an uncontested divorce in Florida. However, agreeing with your spouse does not mean every legal or financial detail has been addressed. We can review your proposed terms, explain rights you may be giving up, and help prepare the required filings. This gives you an opportunity to resolve gaps before your agreement becomes part of a binding judgment.
Review Your Agreement With Tupper Law
Contact Tupper Law for a free consultation about your Jacksonville uncontested divorce. Bring any proposed agreement and your questions. We can review where things stand, explain what remains to be addressed, and help you take the next step toward finalizing your divorce.
Frequently Asked Questions
Can one attorney represent both spouses?
No. We can represent only one spouse. Your spouse may hire separate counsel or proceed without an attorney.
Can I restore my former name during the divorce?
Yes. You can request restoration of your former name in the divorce proceedings so the final judgment addresses it.
What if my spouse stops cooperating?
Tell us promptly. Your options depend on what remains unresolved and whether you already signed a settlement. Further negotiation, mediation, or court proceedings may be necessary.