So now that you know you’re getting a divorce the question is-how? Do you and your spouse agree only to disagree or are you able to discuss issues in a productive manner? If you and your spouse can only agree to disagree, then I’m afraid that uncontested divorce is not available to you at this time. If you and your spouse are able to discuss issues in a productive manner then you should try to reach an agreement as to the issues involved.
If you have an agreement as to the distribution of property and debt, support and time-sharing, and you have a signed Marital Settlement Agreement, or if you have no children and you have an agreement as to the distribution of property and debt, or no property and no debt, then uncontested divorce is likely your best approach to dissolving your marriage.
If you have an agreement, you should put it in writing, give it the title “Marital Settlement Agreement,” and both parties should sign and notarize it. If you have an agreement but need help putting it in writing then you should consult with a Jacksonville Uncontested Divorce Lawyer who can write an enforceable agreement for you.
Once you have a signed “Marital Settlement Agreement,” we will need to follow the formalities for dissolving your marriage. We will need to file a petition and accompanying affidavits with the clerk and schedule a final hearing with the circuit judge. Every divorce case, contested or uncontested, requires a final hearing. The final hearing in an uncontested case is very brief whereas the final hearing in a contested case, depending on the issues, can take several hours or days to complete.
We have completed truly uncontested divorces in as little as 14 days with a fully executed “Marital Settlement Agreement” and full cooperation. It will take longer if the lawyer drafts the agreement and the length of time will depend on the negotiations needed, if any. If no negotiations are needed and you have a written summary of the agreement, then a “Marital Settlement Agreement” can usually be drafted in two to four hours depending on the facts of each case as well as whether children are involved.
The cost of a truly uncontested divorce is a fraction of what a contested divorce would cost. Nonetheless, the clerk’s filing fee will need to be paid, documents will need to be drafted, and a final hearing will be required. A big cost factor is whether you or your uncontested divorce attorney will need to draft your “Marital Settlement Agreement.” It is recommended that the lawyer draft the agreement because the lawyer has the knowledge and the experience to draft an agreement that will be clear, precise and enforceable. If you draft the agreement, then chances are more likely that issues will arise necessitating clarification or enforcement proceedings of the agreement in the future. Clarification and enforcement proceedings will most likely cost more than it would cost to have the lawyer draft the agreement. Each case is unique and the cost of each case is assessed on a case by case basis.
To request a quote for uncontested divorce submit the contact form and provide an explanation of the details above and we will get in touch with you shortly with an estimate of the cost necessary to dissolve your marriage. If you have questions then call us anytime at (904)360-6100.
Remember: for Family Law, choose Family Values.
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