Miami Uncontested Divorce Attorney
If you are considering filing for divorce and have no disagreements as far as how to divide property, timesharing responsibilities regarding your children, alimony payments, or child support payments, filing for an uncontested divorce may be your best option. Hoffman & Hoffman, P.A. has extensive experience assisting couples with uncontested divorce petitions and will help you reach a swift and favorable resolution. Contact us today to speak with a Miami uncontested divorce attorney at our firm.
What Is an Uncontested Divorce?
An uncontested divorce is one where the parties agree to the settlement in advance. The pleadings are still required but the marital settlement agreement is agreed to without court intervention. An uncontested divorce is generally faster and less expensive than a contested divorce. The Petition for Dissolution of Marriage still needs to be filed but the other party can waive the right to answer by neither admitting nor denying the allegations. Service of process can also be waived if the Respondent agrees to accept service and parties can then save the costs incurred for serving the papers. Full disclosure is still required by both parties including a sworn financial affidavit filed with the court and an exchange of mandatory disclosures including 3 years of tax returns, and 3 months of statements representing the assets and liabilities owned by the parties. Proof of the disclosure is generally filed with the court; however, the actual financial disclosures are not.
After the filing of the initial pleadings and full disclosure (which the parties have 45 days from the date of service to complete), the parties can enter into a marital settlement agreement and the petitioner can proceed to court on a final hearing before a Judge in order to obtain a Final Judgment of divorce. If the wife has taken the husband’s name she can have her maiden name restored in the Judgment of Divorce. Proof of residency will be required at the final hearing of the Petitioner in order for the Court to have jurisdiction. This type of divorce is typical when you have a short-term marriage with no assets, no debts and no children.
Schedule a Consultation With a Miami Uncontested Divorce Attorney to Discuss Your Rights
If you have questions regarding how to file for uncontested divorce in Miami or would like assistance with proceedings, Hoffman & Hoffman, P.A. is ready to assist you right now. Schedule a consultation today with an experienced Miami uncontested divorce attorney at our firm to discuss your rights.