Requirements for an uncontested Florida divorce

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The term that Florida law uses to describe the divorce of two individuals is "dissolution of marriage." The dissolution of a Florida marriage does not have to be based on any type of fault as the state recognizes no fault divorces. Additionally, divorces that are uncontested may be expedited and may resolve faster than divorces in which the parties cannot come to agreement on certain divorce-related matters.

In order to seek an uncontested divorce the parties to a Florida marriage must meet certain conditions. First, they must not share any minor children, whether through birth or through adoption. Children who have achieved adulthood that are shared by the parties do not inhibit the parties' chances of seeking an uncontested divorce. The wife in the marriage may not be pregnant at the time the parties file to dissolve their legal relationship.

Second, the parties must agree to practically everything that would be settled in a traditional divorce. They must agree to use the uncontested process and they must have all financial and property-based decisions made. They must agree that their marriage cannot be saved and that their differences cannot be mended.

Finally, at least one of the parties to the marriage must have lived in Florida for at least six months before the parties elect to use the uncontested process to bring about the dissolution of their marriage. If these and other requirements are met the parties to a marriage may be able to end their relationship through the uncontested process. However, readers are cautioned that this post does not offer legal advice and those with further questions about the process should seek the counsel of their family law attorneys.

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