Delray Beach Uncontested Divorce Lawyer

Delray Beach Uncontested Divorce Attorney

Even under ideal circumstances, divorce is generally regarded as an unpleasant experience. Fortunately, there are ways to make matters simpler and streamline your divorce– saving both parties time and money. Be sure to speak with a qualified Delray Beach uncontested divorce lawyer about which options may be ideal for your circumstances.

At Benzion Law, our legal team of family law attorneys are deeply familiar with marriage dissolution proceedings and have successfully assisted countless couples and families. Our law firm is prepared to take on your family law case, no matter how simple or complex the issues may seem.

Comparing Uncontested and Contested Divorces

All divorces require that spouses come to an agreement about the issues raised by marriage dissolution. The legal matters involved include the division of marital property and debt and whether there will be spousal support (alimony). Also, if the spouses share children, custody and visitation arrangements (parental responsibility and time-sharing), along with child support, need to be agreed upon.

Whether the spouses are fully in agreement, willing to compromise, or contentious about these issues will usually determine what their divorce proceedings look like overall. A “contested” divorce is likely what most people imagine when they think of average divorce proceedings. When a divorce is contentious, it means the spouses disagree on one or more aspects of the marriage dissolution, whether it’s about the divorce itself, alimony, parental rights, etc.

On the opposite end, there is an uncontested divorce. In an uncontested divorce, both spouses are in agreement about how the legal matters of their divorce are to be handled, allowing them to settle their marriage dissolution more quickly. Uncontested divorces have the benefit of not going to court and avoiding lengthy proceedings and costs since the spouses do not require a judge to make decisions regarding their divorce settlement– as is the case for contested divorces.

Qualifying for Uncontested Divorce and Simplified Dissolution

To file for any divorce in Florida, at least one spouse must provide proof that a valid marriage exists and that at least one party has lived in Florida as a resident for the six months preceding the marriage dissolution filing. A legal reason for the divorce is also required. Florida is a no-fault divorce state, meaning neither party has to be assigned blame or accused of marital misconduct, and there are only two reasons a couple may choose from.

The most common reasoning for divorce in the state is citing that the marriage has been irretrievably broken, rendering it effectively unable to mend. In other contexts, this may also be referred to as the spouses having “irreconcilable differences.” The other viable reason for a marriage dissolution is if one of the partners has been mentally incapacitated for three years or more preceding filing the petition for divorce.

For certain married couples, they may be eligible for a simplified dissolution (also called simplified divorce or summary dissolution/divorce). This is a streamlined divorce process that spouses may utilize if the following criteria are met:

• Both parties agree to a summary dissolution
• The couple agrees that the marriage is irretrievably broken and agrees on the division of all of their marital property and obligations
• At least one party meets the residency requirement for Florida (six months prior to the petition for the dissolution of marriage)
• Both parties waive their right to seek alimony
• The couple have no minor children (biological or adopted) or dependent children
• Neither spouse is pregnant

If the couple doesn’t qualify for a simplified divorce but is still seeking uncontested proceedings, they may choose between two main options. These two approaches to divorce are mediation and collaborative divorce. Both methods still forego the need for court proceedings, and each has its advantages, depending on what works for a specific couple.

FAQs

Q: Can You Get Divorced in Florida Without Going to Court?

A: Yes, Florida residents have the ability to move forward without going to court with an uncontested divorce, depending on their circumstances. An uncontested divorce may be conducted by the spouses working collaboratively, each having their own attorney or through mediation. Both options take place out of court. Within mediation, the spouses can negotiate their divorce settlement while a professional mediator (sometimes a divorce lawyer) oversees the proceedings.

Q: Are There Benefits to an Uncontested Divorce in Florida?

A: In Florida, there are various benefits for spouses who can settle their divorce uncontested. Uncontested divorces tend to be much quicker and less expensive than contested divorces. It is an ideal option for couples who want to avoid going to court and want control over their settlement agreement.

In contested divorces, the judge will determine how property is to be distributed along with all other matters regarding the divorce. This can frequently lead to extended litigation or spouse dissatisfaction.

Q: Do You Need a Lawyer for an Uncontested Divorce in Florida?

A: Even though uncontested divorce entails minimal court intervention, it is often still necessary and beneficial to have a qualified attorney during the marriage dissolution process. For example, during a collaborative divorce, each spouse will need their own divorce lawyer to ensure that their rights and goals are effectively represented throughout the proceedings.

Mediation can also require a divorce lawyer, whether the spouses wish for an attorney to mediate the proceedings or for a lawyer to look over the settlement agreement itself.

Q: How Do I Know If Uncontested Divorce Is Ideal for My Marriage?

A: While uncontested divorce may sound appealing, it is not a viable option for everyone. When there is a history of domestic abuse, a contested divorce is usually the only option. Spouses who are quick to argue or incapable of negotiating with each other may also require a judge to determine their divorce settlement.

Additionally, some spouses may go into an uncontested divorce and find that matters eventually turn contentious. Consult an experienced divorce attorney about what course of action may be ideal for you.

Contact a Skilled Lawyer for a Streamlined, Uncontested Divorce

The professional legal team at Benzion Law is prepared to represent your rights and interests throughout the proceedings of your divorce. Contact our office today to connect with a compassionate, focused, uncontested divorce attorney.