Requirements for an Uncontested Divorce in Tampa

Divorce is a demanding and challenging situation that can take a toll on both partners. Fortunately, a divorce lawyer can help ensure your divorce is as stress-free as possible.

In many cases, spouses who can settle on all significant issues can obtain an uncontested divorce. However, some basic requirements must be met.

Eligibility

If both parties are ready to get divorced, have a plan for property, debt, and children (including timesharing), and agree to a financial affidavit, you can pursue an uncontested divorce Tampa. The more complicated your case, the more complex an uncontested divorce will be.

It can take longer if there are disputes over issues like how long you were married and whether that impacts your eligibility for alimony. Having a divorce attorney on your side to help you work through these issues is highly recommended.

In addition, it can be helpful to have a divorce lawyer present when you go to mediation to ensure that you and your spouse fully understand your rights regarding equitable distribution, alimony, and parenting issues.

Child Custody

Whether or not an uncontested divorce is possible depends on the unique facts of each case and how they relate to the court’s established policies. The most important consideration is the custody and parenting plan of the children involved.

Generally, a judge awards one parent sole physical custody with visitation rights for the other. However, this decision is based on many factors, including the child’s relationship with both parents and any evidence of domestic violence.

The parents should develop their Parenting Plan that includes details like timesharing (custody and visitation), holidays, school travel, and other related issues. Many family law professionals believe parents who can negotiate their uncontested parenting plan have a greater chance of success in future co-parenting.

Child Support

The issue of child support can be resolved in an uncontested divorce, but only if both spouses agree to it. Parents cannot agree to waive child support or fix it at an amount outside of the guidelines set by Florida law.

Both parties must also agree on all issues relating to equitable distribution, alimony, and visitation (also known as timesharing). If one spouse cooperates in reaching these agreements, an uncontested divorce is possible.

If the spouse is not cooperating, they must be served with the complaint for divorce and complete an affidavit of diligent search. It includes visiting their last known address, looking on social media, and questioning friends and relatives. Then, the spouse must appear at the final hearing.

Alimony

Divorce can be a challenging time for couples. It’s essential to have a Tampa divorce lawyer on your side who will help you negotiate and create an agreement that works for your situation.

When deciding whether or not to award alimony and how much, the court will take into account the specific circumstances of each case. When determining spousal support, factors such as the age, health, length of marriage, and income of each spouse will be considered.

Couples with no minor children and who agree on all issues in their divorce can use the simplified divorce process. It can reduce the length of the divorce and save a lot of money. It’s also essential to have an experienced attorney on your side.

Property Division

A highly contested property division case can drag on if mismanaged, especially when assets are subject to equitable distribution. That means the courts could award one spouse more money, investments, or debt than the other. This can lead to a more favorable property division settlement. A seasoned Tampa divorce attorney can make the process go more smoothly and quickly.