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Tampa Family Lawyer > Blog > Divorce > Uncontested Divorces In Tampa, FL

Uncontested Divorces In Tampa, FL

Uncontested

There are many different types of divorces. If you’re reading this blog post, it’s likely because you want the fastest and simplest type of divorce available under Florida law. Under certain conditions, it is possible to get a simplified divorce which is the quickest and easiest way to get divorced in Florida. In this article, the Tampa, FL divorce lawyers at Faulkner Law Group, PLLC will discuss how to get divorced in the quickest and cheapest way possible.

Simplified divorce under Florida law 

The Florida Family Law Rules of Procedure provide a quick way to dissolve a marriage. This is known as a simplified divorce. In order to qualify for a simplified dissolution of marriage, the following conditions must be met:

  • You and your spouse attest that the marriage cannot be saved
  • You and your spouse do not have any minor children together and the wife is not presently pregnant
  • You and your spouse have worked out how you will divide your assets pursuant to your divorce and who will pay any outstanding marital debts that you owe
  • Neither spouse is seeking spousal support or alimony
  • Both spouses are willing to waive their right to a trial and appeal
  • Both spouses are willing to go into the clerk’s office and sign the petition
  • Both spouses are willing to go to the final hearing together

Simplified divorces only work in the simplest of cases. Those who meet all the requirements for a simplified divorce will still need to jump through extra hoops to get their divorce finalized. After filing the simplified petition for divorce online or in person, you must attach a signed Marital Settlement Agreement provided by the Florida courts. This document is the bare bones of the form that would be provided in a non-simplified dissolution of marriage. As an example, if either spouse has a 401k or a pension, there is no language in the form as to how to divide the asset to avoid a tax penalty. If the parties own real estate together, there is no language for selling the home or signing a quit claim deed to release the home to one party. If there are mutual credit cards, there is no schedule for repaying the balance of those cards or closing them. Simplified divorces thus only work for the simplest of divorces.

Even if a simplified divorce doesn’t work for you, it doesn’t mean your divorce needs to be extraordinarily complicated. In many cases, uncontested divorces can be resolved in mediation with the help of a skilled negotiator. Complex issues such as asset distribution can be handled in an uncontested divorce even when a simplified divorce isn’t appropriate. The two spouses must agree on all issues related to the divorce and submit their petition for divorce together. Faulkner Law Group, PLLC can help Tampa couples dissolve their marriage in the easiest way possible.

Talk to a Tampa, FL Divorce Lawyer Today 

Faulkner Law Group, PLLC represents the interests of Tampa residents who are pursuing a divorce in Florida. Call our office today to schedule an appointment and we can begin addressing your needs right away.

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