Uncontested Divorce Proceedings

Uncontested Divorce is the Best Solution

In Sarasota Florida, uncontested divorce proceedings are typically the quickest and easiest way to get a divorce. An uncontested divorce occurs when both spouses agree to all terms of the divorce, including property division, spousal support, child custody, and child support.

Here Are the Basic Steps Involved in an Uncontested Divorce in Sarasota County:

Filing the petition: The first step in an uncontested divorce is filing a petition for dissolution of marriage with the court. The spouse who is initiating the divorce (called the petitioner) files the petition and must provide a copy to the other spouse (called the respondent).

Serving the petition: The petitioner must serve the respondent with a copy of the petition and a summons. The summons informs the respondent that they have 20 days to respond to the petition. If the respondent fails to respond within the 20-day period, the court may enter a default judgment in favor of the petitioner.

Filing a response: If the respondent agrees to the terms of the divorce, they can file a response indicating their agreement. If they disagree with any of the terms, they can file a response indicating their objections. If the couple has minor children, both parties must also file a financial affidavit that outlines their income, expenses, assets, and liabilities.

Completing the financial affidavit: A financial affidavit is a sworn statement that provides details about the parties’ finances. This includes information about their income, expenses, assets, and debts. The affidavit is an important part of the divorce process because it helps the court determine how to divide property, determine alimony, and calculate child support.

Entering into a marital settlement agreement: This agreement outlines the terms of the divorce, such as how property will be divided and whether alimony will be paid.

Agreeing to a parenting plan: If the couple has minor children, they must also provide a parenting plan that outlines how they will share parental responsibilities and time-sharing with the children.  Child support must also be delineated.

Attending a hearing: If the couple has minor children, the court will require them to attend a parenting course before scheduling the final hearing. Once the parenting course is completed, the court will schedule a final hearing. Both spouses must attend the hearing, and the judge will review the terms of the divorce to ensure they are fair and reasonable. The judge may ask questions of both parties to clarify any issues or concerns.

Finalizing the divorce: If the judge approves the divorce, the court will issue a final judgment of dissolution of marriage, which officially ends the marriage. The final judgment will approve all the terms delineated in the marital settlement agreement and parenting plan.  This is a legal document that both parties must abide by.

Loftus Law Can Help You Through the Process with Less Stress

Overall, an uncontested divorce in Sarasota Florida can be a straightforward and relatively simple process. However, it is always advisable to consult with an divorce attorney who is knowledgeable about Florida divorce law to ensure that your rights are protected and that the divorce process goes as smoothly as possible. Please do not hesitate to contact us at Lofus Law Firm to ensure you receive the attention and expert solutions you deserve for your legal matters.