Uncontested Divorce Lawyer Miami | Simple Divorce

An uncontested divorce occurs when both spouses agree on all major issues, including the division of property and debts, alimony, child custody, time-sharing schedules, and child support. Because there are no disputes requiring court resolution, the process is significantly faster, less expensive, and less emotionally taxing than a contested divorce.

At Lacayo Law Firm, our Miami divorce attorneys guide clients through uncontested divorces efficiently while ensuring that all agreements are fair, comprehensive, and legally enforceable. Even when both parties agree, having experienced legal counsel protects you from overlooking important issues that could create problems in the future.

Requirements

What You Need for an Uncontested Divorce

Several conditions must be met for your divorce to proceed on an uncontested basis.

Full Agreement

Both spouses must agree on all issues including property division, alimony, child custody, and support before filing.

Marital Settlement Agreement

A comprehensive written agreement covering every aspect of the divorce must be drafted, reviewed, and signed by both parties.

Florida Residency

At least one spouse must have been a Florida resident for at least six months before filing the petition for dissolution.

Financial Disclosure

Both spouses must provide complete financial disclosure. Florida law requires full transparency about income, assets, and debts.

Parenting Plan (If Children)

If minor children are involved, a complete parenting plan addressing time-sharing and parental responsibilities must be submitted.

Voluntary Participation

Both spouses must participate voluntarily. If one spouse is being pressured or coerced, the divorce cannot properly proceed as uncontested.

The Process

How an Uncontested Divorce Works

The streamlined process allows you to finalize your divorce in weeks, not months.

Initial Consultation

We review your situation, confirm that an uncontested approach is appropriate, and explain the process and costs. If both spouses agree on all terms, we begin preparing documents immediately.

Drafting the Settlement Agreement

Our attorneys draft a comprehensive Marital Settlement Agreement covering property division, debt allocation, alimony, and parenting arrangements. Both parties review and sign the agreement.

Filing the Petition

We file the Petition for Dissolution of Marriage along with the signed settlement agreement and all required financial disclosures with the court. The other spouse is served or waives formal service.

Final Hearing

A brief final hearing is scheduled before a judge. In many uncontested cases, only one spouse needs to appear. The judge reviews the agreement, confirms it is fair and voluntary, and enters the final judgment.

Common Questions

Uncontested Divorce FAQ

What makes a divorce uncontested in Florida?

A divorce is uncontested when both spouses agree on every major issue, including the division of assets and debts, alimony, child custody and time-sharing, and child support. Because there are no disputed matters requiring judicial resolution, the court process is streamlined and significantly faster than a contested proceeding.

How long does an uncontested divorce take in Florida?

An uncontested divorce can typically be finalized in four to six weeks after filing, depending on the court's schedule. A simplified dissolution may be completed even faster. The key to a quick resolution is having all documents properly prepared and both parties ready to cooperate throughout the process.

How much does an uncontested divorce cost?

Uncontested divorces are significantly less expensive than contested proceedings because they avoid lengthy litigation, discovery, depositions, and trial. Many uncontested divorces can be handled for a predictable flat fee. Contact our office to discuss your specific situation and receive transparent pricing information.

What is a simplified dissolution of marriage?

A simplified dissolution is a streamlined divorce option for couples who meet specific criteria: no minor children, the wife is not pregnant, both spouses agree on the division of all property and debts, and neither spouse seeks alimony. Both spouses must appear together at the final hearing. Neither party may appeal the final judgment in a simplified dissolution.

Do I still need a lawyer for an uncontested divorce?

While not legally required, having an attorney is strongly recommended even in uncontested cases. An experienced lawyer ensures your Marital Settlement Agreement is comprehensive, legally enforceable, and adequately protects your rights. Errors or omissions in the agreement can lead to costly legal problems in the future. An attorney also ensures all court filings are properly completed.

Miami Uncontested Divorce Lawyer