Things to Discuss When Drafting an Uncontested Divorce Agreement in Florida
An uncontested divorce, which can also be referred to as an amicable divorce or no-fault divorce, is when both spouses choose to end a marriage and are able to reach an agreement on all major divorce-related issues without the need for a contentious court battle. This is an attractive option for many divorcing couples in Florida as it is typically a quicker and more cost-effective way to end a marriage.
While there are many advantages to pursuing an uncontested divorce, it’s also crucial to ensure that the final agreement addresses all necessary aspects. Talk to a qualified Orlando divorce lawyer about what your long-term objectives are and why specific matters that should be discussed and included within an uncontested divorce agreement.
Division of Marital Property and Support Payments
In every divorce, uncontested or contested, the division of marital assets and debts needs to be addressed. Assets and obligations include real estate, personal property, bank accounts, retirement accounts, and any shared debts. Parties must decide how to divide their financial marital interests equitably. Florida law requires that the division be fair, which does not necessarily mean an equal split, so couples need to work through how they plan to distribute their property and debts.
There also needs to be a discussion of whether one party will pay alimony (spousal support) to the other. The type and amount of alimony, if any, should be determined and may be connected to who is retaining or releasing marital assets. Factors such as the length of the marriage, the financial situation of both spouses, and the standard of living during the marriage will influence these decisions as well.
Dispute Resolution Mechanisms and Legal Fees
Even in uncontested divorces where both spouses are communicating and working toward crafting a fair divorce agreement, disputes can arise in the future. Because of this, it is wise to include a dispute resolution mechanism, such as mediation or arbitration, within the agreement so, if disagreements do occur in coming years, there is a structured process for resolving them without resorting to court.
It is also important to recognize that while uncontested divorces typically come at a lower cost, there are still expenses. Outline how legal fees and court costs will be handled, such as stating if one spouse will be responsible for covering all of the legal fees or if all of the divorce expenses are to be divided equally.
Before finalizing the uncontested divorce agreement, both parties should have the document reviewed by their respective Orlando divorce lawyers. Attorneys can ensure that the agreement is legally sound and that both parties fully understand their rights and responsibilities.
Were you moving forward with an uncontested divorce agreement but are now wondering if there are key considerations that have been overlooked? Having all of the important matters addressed now is a way to enter your post-divorce life with confidence. For both parties to move forward with clarity, connect with the family law attorneys at Donna Hung Law Group. Call 407-999-0099 or contact us online to book your fee-free consultation.