Written and edited by our team of expert legal content writers and reviewed and approved by Attorney Mark O’Mara
Content last updated on: September 14, 2023
An uncontested divorce means that both spouses will reach an agreement on how to divide property and finances. Though typically less stressful than a contested divorce, an uncontested separation comes with its fair share of legal and administrative hurdles – all of which are easier to navigate with the help of an uncontested divorce attorney in the Orlando, Florida area.
In an uncontested divorce, both parties must agree on the following:
- Division of property
- Child custody
- Child support
Though divorce may sound simple when uncontested, the most effective way to safeguard your future and your children’s – and speed up the divorce process – is to hire an experienced uncontested divorce attorney from the O’Mara Law Group.
Why Hire an Attorney from the O’Mara Law Group for Your Uncontested Divorce?
A skilled uncontested divorce attorney can help you outside of the courtroom. Led by Supreme Court Certified family mediatory Mark O’Mara, the O’Mara Law Group has decades of negotiating experience and consistently ranks in the Top 100 Trial Lawyers and Super Lawyers.
Cathleen Winter was recognized as one of the 10 Best Attorneys in Florida in 2018 and named to the Super Lawyers Florida Rising Stars List three years in a row. She is also the current President of the Greater Orlando Asian American Bar Association, and is a Founding Member of the American Academy for Certified Financial Litigators (AACFL) Orlando Chapter.
Mark Rabinowitz has been Board Certified in Marital and Family Law in Florida since 1999. He has served on the Marital and Family Law Certification Committee of The Florida Bar, and has served as a member of the Family Law Rules Committee.
Rose Marsh has been practicing Family Law in Orlando for over 31 years. She is a Florida Supreme Court Family Law Mediator and also practices Collaborative Law.
At the O’Mara Law Group, we provide unparalleled client satisfaction, represented by our glowing reviews and testimonials.
We’ll serve as strong, compassionate advocates for you as you face the complexities inherent in a divorce in Florida. Hiring an experienced Orlando uncontested divorce attorney can make the process as swift as possible.
An attorney may assist in the following areas.
Dividing Marital Property
During an uncontested divorce, your property must be divided in a way that’s agreeable to both parties. This means your home, valuables, cars, financial accounts, and anything else acquired during the marriage.
If you have children, you have additional considerations for your uncontested divorce. You and your spouse must come to an arrangement about child custody, including who will be responsible for paying child support to the other spouse. Work with a child support lawyer for help through this process.
Alimony is often awarded to one spouse if their financial situation will change drastically after the divorce is final. Florida has four types of alimony:
- Bridge-the-gap: This form of alimony is provided to the spouse who earns less money.
- Rehabilitative: Under this type of plan, a spouse only gets support until they’re financially self-sufficient.
- Durational: This type of alimony provides one spouse with alimony for a set period following the divorce.
- Permanent: This is lifetime alimony for a spouse typically awarded after a long marriage.
If you have additional questions about alimony, speak with an alimony lawyer in Orlando to learn more.
Crafting a Parenting Plan
The spouses will also need to devise a co-parenting plan after the uncontested divorce’s finalization. An attorney with child custody experience, such as the associates at the O’Mara Law Group, can help the parties come to an agreement about this often stressful topic.
Sometimes you may want to change something in your agreement after the divorce. Florida allows spouses to request post-divorce modifications concerning alimony, child support, child custody, and child visitation. We can help you make these requests as needed.
What is an uncontested divorce?
Not all divorces are riddled with conflict and take a long time to resolve. In many cases, spouses can come to an agreement on how to move forward regarding property, alimony, and child custody.
The Benefits of an Uncontested Divorce
Divorcing couples choose an uncontested divorce for several compelling reasons:
- Less expensive. A simplified divorce process can save you a lot of money on legal and other fees.
- Less time-consuming. No one wants a divorce to be long and drawn out. It’s stressful already, and you want it behind you. The uncontested approach helps things move faster.
- Less stress When both parties can come to an agreement on everything, there’s usually less emotional stress involved in a divorce.
In many divorces, a judge decides who gets what. In uncontested divorce cases, you maintain more control over the final arrangement.
What is the difference between a contested and an uncontested divorce in Florida?
A contested divorce is when the spouses don’t agree about at least one component of the split, such as a financial account or child custody arrangement. The divorce can’t move forward without these issues being resolved.
On the other hand, an uncontested divorce is when the parties agree on how to divide everything. This type of divorce is most common when there aren’t children or many assets to work through, but not always. Talk to a contested divorce lawyer from the O’Mara Law Group if you face a contested separation.
How long does a separation take?
Every situation is different. Depending on your and your spouse’s unique circumstances, a separation before a divorce may last days, months, or years before you file for divorce.
There’s a 20-day waiting period after you file for divorce, which is meant to help the parties have time to think about this life-altering decision. However, most divorces will take longer than 20 days, especially if there are a lot of logistics to work out with aspects such as finances, children, or home ownership.
The State of Florida doesn’t formally recognize legal separation, though some states do.
How much does an uncontested divorce cost in Florida?
Unfortunately, there is no one number that represents how much an uncontested divorce will cost you. The following factors influence the overall cost:
- Whether the divorce is contested or uncontested. Uncontested divorces tend to be more affordable.
- How many issues and disagreements there are to work through
- How quickly can the parties reach an agreement
- The number and value of marital assets
- Whether children are involved
What rights do I have in the separation process?
Because Florida doesn’t formally grant legal separation, you are considered married until divorced through the legal system, even if you live apart during your separation. When you file for divorce, you don’t have to provide a reason for the divorce, such as someone’s wrongdoing, since the state only recognizes no-fault divorces. Unless there is an agreement between the parties about how property will be divided, the court will decide what’s fair.
Let Us Help You Navigate the Process
Work with an Orlando uncontested divorce lawyer who can help you through the arduous process of divorcing from your spouse. You need to know Florida divorce laws and understand your rights moving forward. We provide an experienced mediator and trial lawyer to assist you.
Talk to an uncontested divorce attorney now to get the help you deserve. Contact the O’Mara Law Group for experienced representation.
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