Florida is a no-fault divorce state,along with 16 other states. Either spouse can dissolve a marriage for any reason. No-fault applies to contested and uncontested divorces in Florida. A specific cause doesn’t need to be listed as to why the marriage failed. There are only two options available for the dissolution. Many couples list “irretrievably broken” grounds on their divorce filings. Each partner has the right to retain an attorney in Florida. Both partners reach an initial agreement in an uncontested no-fault divorce. The couple may have a general idea of splitting property and assets. If children are involved, the spouses reach an understanding for custody and support. Jacobs Law Firm is a divorce attorney who practices in Orange County, Florida. Please schedule a consultation with our Orlando or Winter Park, FL office.

The second ground of an uncontested no-fault divorce is mental incapacitation. This circumstance means that one partner can’t independently make legal decisions. The incapacitation must be ongoing for three years. Proper medical documentation needs to be included with the divorce filing in Florida. Our Orange County attorneys can assist you in these cases. Contact our Orlando or Winter Park office to set up a time to discuss your situation.

Here are the benefits of an uncontested no-fault divorce in Florida:

• More Privacy: The marriage dissolution will not go to trial before a judge. All details of uncontested no-fault divorces aren’t available to the public. For complete confidentiality, our attorneys specialize in collaborative law. All issues are kept private, but the cost of divorce increases.
• Less Time: Proceedings to dissolve the marriage take less time than fighting in court. A skilled Florida divorce attorney will see that you receive a fair settlement. The process will not be drawn out.
• Lower Costs: The shorter time frame of uncontested no-fault divorces reduces legal fees. Both spouses will have fewer expenses overall to dissolve the marriage.
• No Court Appearance: In some uncontested divorce in Florida, you may not have to go to court.Consult with an attorney to see if you can avoid an appearance before a judge.
• More Control: Choosing not to litigate doesn’t put the fate of your future in the hands of a judge. Florida requires an equitable division of marital property for both spouses.
• Better for Children: Uncontested no-fault divorces are healthier for couples with kids. Co-parenting and amicable relationships are encouraged in Florida. Your children won’t be placed in the middle of a heated battle.
• Fewer Stresses: Uncontested no-fault divorces save time and money, so the process isn’t as exhausting. The proceedings will not be as emotionally taxing as one that goes to court.
• Communication: Civil and amicable spouses can reach an agreement easier. Having open lines of communication makes proceedings run more smoothly.

A disadvantage of an uncontested no-fault divorce is that it may turn into a contested one. One spouse can change their position regarding assets, property, or custody. In Florida, a partner legally has the right to litigate the proceedings. A change of heart increases divorce costs with more court and attorney fees. Also, more time and stress can take an emotional toll on the family. To prevent litigation, you can consider a collaborative divorce Florida. The spouses and attorneys first sign a participation agreement.Contact Jacobs Law Firm in Orange County to learn more about marriage dissolution. We have offices in Orlando and Winter Park, Florida.

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