Uncontested Divorce: Is it Possible? Is it Right for You?

Not all divorces play out like your typical daytime soap opera. Most often a divorce will follow the traditional process with one party filing a Petition for Dissolution, and the other filing an Answer and Defenses, and sometimes a Counter-Petition. Frequently spouses will reach an agreement to resolve all issues at mediation, or somewhere along the way prior to trial. Sometimes, spouses can agree on all issues from the start of the process, this is called an uncontested divorce.

An uncontested divorce requires that both spouses agree to cooperate with each other and reach an agreement on each and every issue in the divorce. If any issues are not agreed upon then the divorce becomes contested. The spouses must reach an agreement on all applicable issues, including:

• Child custody: If there are children of the marriage, the spouses must agree to the division of parental responsibility and timesharing and must enter into an appropriate parenting plan.

• Child support: Where children of the marriage are involved, the spouses must have agreed an an appropriate amount of child support, (or if no child support is appropriate, they must agree that neither one will pay child support to the other).

• Spousal support: Both spouses must agree on whether or not spousal support/alimony will be paid, or whether spousal support/alimony is waived.

• Assets and Debts: Both spouses must agree on the division of all marital assets and debts.

There are numerous benefits to an uncontested divorce, the major benefits being speed, cost, and privacy. With an uncontested divorce all issues have been decided upon prior to filing, so the process from filing to final judgment is significantly shorter. The cost of an uncontested divorce as far less than with a contested divorce as there is less work involved for the lawyers and the court. In addition, an uncontested divorce requires less documents to be publicly filed, so the spouses have the advantage of increased privacy.

In some instances an uncontested divorce may not be the best option. Spouses should not enter into an uncontested divorce where there is a power imbalance or manipulation at play. In some cases one spouse may be at a disadvantage by entering into an uncontested divorce if they do not understand the terms as well as the other spouse and agree to terms that are unfair. The potential for one spouse to be manipulated is increased in an uncontested divorce, particularly if the spouses choose to be self-represented and do not consult with an attorney to make sure they understand their rights in the process.

If you are thinking about an uncontested divorce, contact Cody Law to discuss the process from start to finish and discuss your options and rights under Florida Law.

Holla “We Want Prenup, We Want Prenup”: Florida Prenuptial and Postnuptial Agreements

A Premarital agreement, known as a prenuptial agreement or “Prenup” is a contract couples sign prior to marriage, to become effective upon marriage to each other. The Prenup can determine what will happen if the couple divorces, including provisions for distribution of assets, debts, alimony, and other issues. A well executed prenup will set forth the terms of the divorce, rather than leaving those terms in the hands of the judge to decide.

A postnuptial agreement “Postnup” is essentially a different means to the same end. The difference is that a postnuptial agreement is executed sometime after the parties have married and there must be separate consideration to make the agreement binding.

Some of the benefits of prenups and postnups are avoiding costly litigation and stress if the marriage ends in divorce. Issues that cannot be decided in a prenup are child custody (in Florida this is known as parental responsibility and timesharing) and child support. These are considered rights of the children in Florida and cannot be waived.

Florida has adopted the Uniform Premarital Agreement Act, which expressly provides that parties may reach a binding contract on issues including:

• the parties’ rights and obligations concerning any assets and debts;

• the right to buy, sell, use, transfer, or dispose of property;

• Distribution of property in the event of separation, divorce or death;

• the right to alimony;

• the making of wills or trusts;

• disposition of proceeds from life insurance;

• Choice of law governing the premarital agreement.

To be valid, the prenuptial or postnuptial agreement must be entered voluntarily, without coercion or duress and must not be unconscionable. There there must have been a fair and adequate financial disclosure beforehand. When entering a prenup or postnup, each party must be separately represented.

If you are contemplating marriage, or already married, and believe you could benefit from a prenuptial or postnuptial agreement, contact our office to discuss the process.