After considering the differences between a contested and uncontested divorce you and your spouse have decided to go the route of the uncontested divorce. This means that all the issues of the divorce have been agreed upon. This includes agreement between the parties regarding the division of marital property, and the issue of spousal support. If there are minor children of the marriage, then issues surrounding the children including time sharing, parental responsibility, and child support have all been worked out.
If you and your spouse have agreed on all of these issues then you are to be congratulated. Reaching an agreement is the hardest part of a divorce proceeding. A lot of time, money, and emotional energy can be spent figuring these issues out. The decision to resolve your divorce early, amicably, and fairly is often the best choice for the parties. It doesn’t generate a mountain of legal fees like a contested divorce. With the negotiations out of the way, all that is left is to prepare the paperwork and get everything finalized.
I am a divorce lawyer located in Venice, Florida, and I routinely assist divorcing couples with uncontested divorces in Sarasota County. The purpose of this article is to explain the process of an uncontested divorce. I will specifically be discussing the nuances to an uncontested divorce in Sarasota County as that’s where my office is located, but a majority of this article will apply to the entire State of Florida.
Initial Considerations When Hiring a Lawyer
The first point to understand about hiring a lawyer to handle an uncontested divorce is that the lawyer cannot represent both parties. This may seem counter-intuitive at first, but lawyers have a fiduciary duty to a singular client and they cannot represent both sides of a transaction. I often receive calls from potential clients that want to bring their spouse to the initial consultation. I can’t do that – even if the parties have fully agreed on all issues and the matter is completely uncontested. The rules governing lawyers forbid it and I’m bound by the rules.
Even after the initial consultation I cannot provide the other party with legal advice. I can talk with the other side, but I cannot give them legal advice. The only advice I can give them is that they have a right to hire their own lawyer.
This may initially seem to throw a wrench in an otherwise non-adversarial process. After all, one party now has a lawyer, and the other party does not. But often this is not an issue. The unrepresented spouse will review the paperwork, often with an attorney, and proceed with the divorce.
I do my best to work with the other side on all my divorces, whether it is a hotly contested matter, or an uncontested matter. I do that because it is usually in the best interests of my clients. Still, I am bound by Florida law and the rules governing lawyers and cannot provide both sides with legal advice.
Preparing the Paperwork
After discussing the matter thoroughly with the client, and reaching out to the other spouse to confirm this is something they are agreeable to proceeding with, I then draft a Marital Settlement Agreement (MSA). This is the document that governs all of the issues of the divorce with the exception for cases with minor children; most issues involving minor children are governed by a second agreement called a Parenting Plan.
Financial Affidavits
While I’m working on the Marital Settlement Agreement, the parties are working on their financial affidavits. The parties need to exchange sworn financial affidavits prior to entering into a Marital Settlement Agreement. That’s the law in the State of Florida, so that’s always the first step.
Financial Affidavits require disclosure of all the income, expenses, assets, and liabilities of the individual completing the affidavit. If the person completing the affidavit makes less than $50,000 a year, then they can complete a Short Form Financial Affidavit. IF the person makes more than $50,000 a year, then they must complete a Long Form Financial Affidavit.
All divorces in Florida need to be based on full and fair disclosure. The failure to disclose all income and expenses, assets and liabilities can be grounds to set aside the agreement so it is very important that both parties take the financial disclosure process seriously.
I review the financial affidavits to make sure everything in the affidavits is addressed in the parties’ agreement.
If the parties are absolutely dead set on not completing Financial Affidavits, then they can get around this requirement by undergoing a Simplified Dissolution of Marriage. A Simplified Dissolution of Marriage is a special divorce process that requires both parties to execute the Petition for Dissolution of Marriage, and requires both parties to attend a final hearing (this requirement cannot be waived for a Simplified Dissolution of Marriage).
After the parties have exchanged financial affidavits and I’ve prepared the MSA and ensured the client is comfortable with it, I forward the agreement to the other spouse or their lawyer. At that point they are free to agree to review the agreement, and seek legal advice from their own lawyer if they wish. If the agreement is satisfactory, then I prepare the remaining documents to complete the divorce.
Additional Documents
The remaining documents for an uncontested divorce without children include the Petition, Answer, Notice of Social Security Number,Final Judgment, and Special Interrogatories. These are routine documents.
If the divorce includes children then a Parenting Plan, Child Support Guidelines Worksheet, and UCCJEA Affidavit need to be prepared. Both parties also need to take a parenting course if children are involved.
Signing the Documents and Finalizing the Divorce
Once the parties are satisfied with the divorce documents we meet to sign them. Sometimes both the husband and the wife come in together to sign. Sometimes they sign separately. Sometimes I need to mail the documents out for one party to sign and send back to me. Each situation is unique and I do my best to be accommodating and make everyone comfortable. The signing does not take long. Usually less than half an hour.
After the documents have been signed I file everything with the Clerk of Court. The Clerk assigns the divorce a case number and a judge. Once that is done we can either schedule a final hearing or submit special interrogatories.
Special Interrogatories vs. a Final Hearing
It used to be that in order to finalize a divorce the parties needed to attend a hearing in Court prior to the judge finalizing the divorce. The judges in Sarasota County have recently permitted the use of a document called Special Interrogatories, if one of the parties was represented by an attorney.
Special Interrogatories are an affidavit completed by the Petitioner that can be mailed to the judge and replace a final hearing. This essentially allows the parties to perform a “mail away” divorce. Special Interrogatories are great because they don’t require the parties to go to Court (saving both time and money), and they allow for divorces to be completed faster. Typically, hearings are scheduled at least a month out. Special Interrogatories can be turned around by a judge in as little as 3 business days. Typically, I tell clients that they take a week or two.
The Final Judgment
The goal of a final hearing or submission of special interrogatories is for the judge to sign a Final Judgment for Dissolution of Marriage. This document is the Court’s Final Judgment. It ratifies the parties’ Marital Settlement Agreement and makes the agreement part of a court order, restores the parties to the status of being single, and restores the Wife’s name if she wants a name restoration. This document is recorded in the county public records, and marks the end of the parties’ divorce proceeding.
All that is left at this point is to carry out the terms of the Marital Settlement Agreement.
How Long Does an Uncontested Divorce Take?
I have completed uncontested divorces in as little as two weeks. That is from initial consultation to a signed Final Judgment. This would be for a very basic divorce with motivated parties, no children, and few assets.
I can’t promise results, and certainly can’t promise that I will get your divorce done within two weeks, but if the parties are motivated, the matter is truly uncontested, and if everyone works quickly and professionally, it is very possible to get an uncontested divorce done in a few weeks.
How Much Does and Uncontested Divorce Cost?
The question of “How much will this cost?” often comes up very early in my conversations with potential clients seeking an uncontested divorce. It’s an important question. Obviously I cannot speak for all lawyers, but I offer a flat fee of $1,500 for the most basic of uncontested divorces (little to no assets and no children). Divorces with children start at a flat fee of $2,500. These flat fees include the $400 filing fee.
If there are complicated issues, more substantial negotiations, or additional work involved, then there is an additional charge for these additional services.
Uncontested Divorces – Final Thoughts
I hope this article has been useful in explaining uncontested divorces and how the process specifically works in Sarasota County. Uncontested divorces won’t be a viable option for every divorcing couple, but if the parties are on the same page, then an uncontested divorce can quickly bring closure to a difficult situation.
If you are interested in discussing your uncontested divorce with me, then please feel free to call my office at (941) 882-4367 or send me an email at dan@danpolicastrolaw.com. Please keep in mind my office is in Venice, and I mostly work in Sarasota County and Charlotte County.
