Quick Guide to Uncontested Divorce Process

What is an Uncontested Divorce and How does it Differ from a Regular Divorce? Family Law Attorney Sergio Cabanas talks about Uncontested Divorces in the State of Florida.
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Watch this video in English:
What is an Uncontested Divorce?
• Quick Guide to Unconte...
Mira el video en español:
¿Qué es un divorcio no disputado?
• ¿Qué es un divorcio no...
**Please note that the information in this video is not legal advice and is not an adequate substitute for a consultation with an attorney who is knowledgeable in this subject area and could review the specifics of your individual matter and determine how the law would apply in your particular case.**
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Sergio Cabanas, Esq. has been practicing law since 1991. After graduating from Washington College of Law in Washington D.C., Attorney Cabanas is admitted to practice in the State of Florida and the U.S. Court for the Southern District of Florida and the U.S. Bankruptcy Court. He founded the Divorce and Mediation Law Firm in 2006.
The Divorce and Mediation Law Firm focuses on Divorce, Mediation, Child Custody / Timesharing, Child Support, Alimony, Prenuptial Agreements, Postnuptial Agreements, Domestic Violence, and Post-Divorce Related issues.
The firm serves three counties in Florida: Broward, Miami-Dade, and Palm Beach. You can get in touch with us for your free 15-minute consultation by calling [phone]. We are open from 9AM to 7PM, Mondays to Fridays.
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0:00 Intro
0:19 What is an Uncontested Divorce in Florida, and How Does it Work?
0:41 Issue 1: Marital VS Non-Marital Assets
1:09 Issue 2: Alimony
1:25 Issue 3: Minor Children
2:07 Judge Issues a Final Judgment that Includes all Agreements
2:35 Factors for a Successful Uncontested Divorces
2:40 Factor 1: Both Sides are Willing to Divorce
2:55 Factor 2: Both Sides are Willing to Agree on Terms
3:03 Factor 3: Paperwork Must be Properly Written and Filed
3:15 Uncontested VS Contested Divorce
3:44 Outro
Transcript:
Well, generally, an uncontested divorce is simply a divorce that's properly settled before any of the parties initiate any type of formal legal proceeding in the court system. This usually means that both parties agree on the important terms of a divorce and properly document it.
For example, the parties may agree on what assets are marital and subject to being divided between them, and those assets that are not marital and not subject to any kind of division. The parties can also agree that on those assets that are marital, how they are to be divided and distributed between them. These assets can usually include the house, investment properties, mortgages, 401(k)s, and other investment accounts. Also cars, student loans, bank accounts, credit card debts, and any other type of debts.
Another important issue may relate to alimony, especially in light of the new laws that just went into effect in July of 2023. So, is anyone entitled to alimony? If so, how much? And for how long does alimony have to be paid? If there are minor children, we also have to resolve issues such as the parental decision-making authority, time-sharing, child support, international travel, relocation, and the list goes on.
So, if all of these issues are discussed and agreed upon, and properly documented in an agreement, the agreement is known as a Marital Settlement Agreement. If there are minor children, these issues are usually settled in a parenting plan. All of these issues can be settled privately, all outside of court. Then, after the parties sign the settlement documents, it's filed with the court along with some other important legal documents as required by law. The judge is then informed of the divorce case, and the fact that the parties have reached a full agreement that resolves all of the legal issues and the conditions for the divorce.