Divorce actions can be time consuming, emotionally draining, stressful and expensive. An uncontested divorce action should make life a bit easier as parties are trying to break away from a failed situation and begin a new life chapter. Filing the paperwork and communicating effectively with your soon to be ex-spouse may speed the process along, but keep in mind that your financial and emotional future may depend on prudent decisions regarding the equal division of money, property and the marital residence. If children are involved, all custody and child support matters must be spelled out in a settlement agreement. Hiring a skilled family law attorney can expedite the process. An uncontested divorce is one where both parties agree on the divorce and settlement of joint interests. Neither spouse holds the other responsible for the divorce.
Steps to be taken.
File a petition with the courts.
St. Petersburg, Florida is in Pinellas County and the paperwork to be filed will need to be done at the Pinellas County Courthouse. A divorce lawyer can supply you with forms from the county clerk’s office and help you fill them out correctly, or you may collect the forms and try to navigate through them yourself, although having a legal professional help you with this process is a wise decision.
Service of petition for divorce.
Upon completion of the forms, they must be served (delivered) to the other spouse so they know that you have filed for a divorce in St. Petersburg Florida. This must be done in accordance with recommended time frames from the courts, so that the other party to the divorce has enough time to answer the Complaint for Divorce.
Receiving a response.
After the papers have been served, the other party to the divorce must file their response to the petition. If no response is filed, the divorce decision will be heard by the judge without their input.
Asset and liability determination.
The divorce action is moving forward at this point in the process. Both divorcing parties of the marriage must prepare and share their financial documents with the court to determine assets and liabilities. This process requires input from both parties to insure property and debt division is fair.
This is probably the most complex portion of the uncontested divorce process. The determination of who gets what, and who pays for what, often leads to some disagreements even in an uncontested divorce.
Florida is an “equitable distribution” state, and marital property will be equally divided between parties upon divorce finalization unless there is a substantial reason for an unequal distribution. Nonmarital property, assets, debts, and liability acquired before the marriage, remain sole and separate to each party to the divorce. Things both parties should consider when dividing up their property are:
The average time to wait for an uncontested divorce to be finalized is anywhere from zero to six months after the initial petition was served to the other spouse. Uncontested divorces are usually the least painful and seem to take a shorter time to complete. For the best outcome, contact a family law attorney to help you with the process from beginning to end.
Hire an attorney.
A family law attorney at Yeazell & Sweet in St. Petersburg can help navigate through this time- consuming, emotional, financial and family change toward the best outcome for a party to an uncontested divorce.
The Law Offices of Yeazell & Sweet
76 4th N #2214
St. Petersburg, FL 33701