Going through the process of divorce is easier and more cost efficient with an uncontested divorce. It is the most common type of divorce for those couples who have little to split and no children to fight over.
In an uncontested divorce in Florida, both husband and wife agree to end their marriage in an amicable way.
While it is an easy way to divorce, it’s not as simple as you might think. There still needs to be a reason cited for the divorce. The one who requests the divorce needs to request the divorce and cite a reason for doing so. They are called the petitioner.
Uncontested divorce has different grounds such as:
1. Adultery
It is possible to use this ground in the following situations:
- You are not the one who committed the adultery.
- You can prove that the adultery happened.
- The filing for the divorce must happen within six months of the adultery.
2. Unreasonable behaviour
While this can be the most popular ground of divorce used because it is such a broad term, the court must still see that:
- The marriage is broken and cannot be fixed.
- The other party has acted in such a way that you can no longer continue living with them.
3. Desertion
Desertion is rarely cited as a reason for divorce. However, you can still use this provided that your spouse has left you with a clear intention of not returning ever.
4. Separation
This is by far one of the few amicable divorce options available. This can be used if you and your spouse have been living separately for at least two years. Both parties must have consented to a divorce. For parties where there is no consent, a separation of at least five years is required.
The reasons above should be used with proof for a court to approve the divorce. The other party, named the respondent, should agree to the request and must not contest it.
The court will determine if the request for a divorce is acceptable by studying the grounds and information submitted. If accepted, the court will file the divorce petition and send a copy to the respondent. The respondent should answer the petition.
They should state that they are not contesting by filing for an acknowledgement of service form. When received, the court will move forward with the divorce process. The petitioner must file for a Decree Nisi, which moves the case forward to a final divorce. The court can then set a date for the final court hearing.
The final court hearing in an uncontested divorce does not require both parties to be present. Six weeks after the court hearing, the petitioner can ask for a Decree Absolute, which makes the divorce official.
This type of divorce is the easiest way of ending your marriage. This is also by far the most affordable option, as it saves you a lot in attorney fees which can get quite expensive. If both of you have agreed to a divorce and have no issues such as property and assets to divide and no children to fight custody over, an uncontested divorce is the answer for you.
