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Attorney Moe DeWitt of the DeWitt Law Firm explains Uncontested Divorce in Florida.
An uncontested divorce is a divorce where the parties have agreed upon the issues prior to the filing of the divorce petition. Once the parties agree, a Martial Settlement Agreement is drafted and filed along with the Petition for Dissolution of Marriage. The other party then signs an answer and waiver, which allows the Petitioner to move forward and obtain a Final Judgment. In many counties, an uncontested divorce can be finalized without having a final hearing. However, Orange County, Florida still requires that the Petitioner appear for a Final Hearing in an uncontested divorce proceeding.
The DeWitt Law Firm, P.A. is able to help assist in drafting the necessary documents and preparing the martial settlement agreement and parenting plan. Additionally, we will advise you as to the consequences of the agreement, insuring that you have considered all issues that must be addressed in a settlement. It is also important that you are informed of the applicable laws, so that you can make an informed decision when entering into the agreement. Once the Martial Settlement Agreement is finalized and executed by both parties, the agreement and Final Judgment can be submitted to the Judge to be approved and ratified.
It can be beneficial to settle a divorce without the stress and expense of a trial. However, this is only possible if the parties are willing to agree to the terms of a Marital Settlement Agreement. Otherwise, the parties will proceed with a contested divorce.
What is a Contested Divorce?