Can You Get a Divorce in Florida without Going to Court?

Wondering whether you can get a divorce in Florida without going to court? This article explains why you will probably need to.

Divorce is never an easy experience to go through. Even if you and your spouse agree that divorce is in both your best interests and the emotional toll is minimal, you still need to consider the complexity of the process itself. Filling out and filing the paperwork correctly, protecting your interests, finalizing the divorce as quickly as possible—these concerns are a common part of ending any marriage.

Another concern that many people have when they decide to get a divorce is whether they will need to go to court. Most people have never had to set foot inside a courtroom, so it is understandable that you might not want to now.

So, can you get a divorce in Florida without going to court? The short answer, for every scenario except standard uncontested dissolution, is no. You will have to be present in court for your divorce.

In all Florida divorce cases, at least one of the spouses needs to appear in court, and in the majority of cases, both spouses need to be present. However, depending on whether your divorce is contested or uncontested and whether your situation requires standard uncontested dissolution of your marriage, you may not need to step foot inside a courtroom.

Here are a few things to know about each type of divorce.

Contested Divorce

When you and your spouse do not agree on the central issues at hand, your divorce is considered contested. Some of the most common disagreements during divorce pertain to division of assets and debts, alimony, child support, and child custody. In a contested divorce, the court will rule on all these issues, and both parties need to be present.

Uncontested Divorce

If you and your spouse agree on all of the central issues of your divorce, your divorce is considered uncontested. Within uncontested divorce, your situation may require you to go through either standard uncontested dissolution or simplified dissolution.

Simplified dissolution of marriage may be available when:

You and your spouse agree that your marriage is irretrievably broken.
You agree to all the central issues of your divorce.
You have no children together.
Neither of you is seeking alimony.
You and your spouse do not desire financial information above and beyond what is in your financial affidavits.
You and your spouse both waive your right to a trial and appeal.

If you qualify for and choose simplified dissolution of your marriage, both you and your spouse will need to appear in court.

For those who do not meet all the criteria above but who are in agreement about the terms of the divorce, a standard uncontested dissolution of marriage may be the best option. You will need to agree on the central issues of the divorce and sign a marital settlement agreement as well a financial affidavit, but only one of you will need to attend the final hearing.

Get in Touch for Advice from an Experienced Family Law Attorney

I am here to guide you through the divorce process. Get in touch if you have any questions or want to discuss your case.

About the Author: Helena Y. Farber is a Divorce attorney in Aventura, Florida, whose practice is concentrated in the areas of divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.

Disclaimer: The attorney makes this Blog available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney-client relationship between you and the Blog. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

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Can You Get a Divorce in Florida without Going to Court?