Is A Florida Uncontested Divorce The Same As A Florida No Fault Divorce?

When two people are married and they want to end their marriage

, they will need to go through the formal legal process of divorce. When divorce laws were first passed, the divorce courts required there to be fault grounds for a marriage to end. Essentially, this meant that people could not just separate because they were unhappy but there had to be some specific reason for the marriage to end. Reasons included things like adultery, failure to consummate the marriage, or one spouse committing a felony and getting sent to prison.

Today, however, every state allows something called no fault divorce. No fault divorce means that neither spouse is blamed for the end of the marriage and neither spouse is accused of wrongdoing that led to the end of the marriage. A no fault divorce is simply based on the fact that the two spouses have irreconcilable differences that they cannot work out and they do not get along well enough to want to be married any more. A no fault divorce is the simplest type of divorce and sometimes people will seek a no fault divorce even when there are technically fault grounds simply because it is faster and easier.

When you are getting a no fault divorce, you may also be interested in getting a Florida uncontested divorce. While people who get a Florida uncontested divorce generally get a Florida no fault divorce, the terms Florida no fault divorce and Florida uncontested divorce can have different legal meanings.

What is an Uncontested Divorce?

An uncontested divorce is a divorce in which the dissolution of the marriage is not contested by either party. In a Florida uncontested divorce, the two spouse are able to come to an agreement that they want to end the marriage. Generally, they are also able to come to an agreement on all of the issues that arise as a result of the end of the marriage. This means that they are able to agree on who should get custody of the kids, how custody should be divided, what support payments are to be paid, and how assets and money are to be divided up.

An uncontested divorce is the simplest and cheapest option for couples since they do not have to litigate any issues in front of a court. The couple and their divorce attorneys will simply prepare the divorce forms and paperwork and settlement agreement and the court can look it over and dissolve the marriage for the couple, giving it legal effect. Without the need to litigate issues, present evidence or otherwise take time in court to end their marriage, the couple who is divorcing saves money on legal fees and saves a great deal of stress.

If you are divorcing in Florida and you want to avoid acrimony, save as much money as possible and move on with your life as quickly as possible, you want to get a Florida no fault divorce and you want to get a Florida uncontested divorce. Speak with your Florida divorce lawyer about your commitment to a fast and simple divorce and your attorney will both explain to you what is involved in the divorce process and help you through it so it goes as smoothly as possible.

by: Jeff Miller

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