This is the second post in my series on handling an uncontested or stipulated divorce in Melbourne, Florida. My last post provided an overview of topics which this series will be addressing. I also stressed the need to speak with counsel if you are considering the possibility of divorce. It is crucial that you speak with an attorney before taking further action as the effects of an uncontested divorce may be permanent. In this article, I will discuss the eligibility requirements for filing this type of action. If you require assistance, contact my office to speak with a lawyer.
Melbourne residents must understand that they have to agree on all issues to obtain an uncontested divorce
An uncontested divorce is also referred to as a “stipulated divorce.” Melbourne residents should be aware that these divorces are not an option for every couple. The uncontested process is only available to spouses who agree on all of the issues. This means that even if the parties agree on every issue except one, they would be ineligible for an uncontested divorce. For example, suppose two spouses have decided that their marriage is suffered irreparable harm. Each individual agrees on a plan for child custody, child support, and the division of their assets. However, as they make the decision to file for an uncontested action, one of the spouses decides that he or she no longer wishes to pay alimony. In this case, the spouses would be required to file a contested divorce. Understanding this requirement early will prevent a great deal of conflict and disappointment.
There are residency requirements for obtaining an uncontested divorce in Melbourne
There are also residency requirements for those seeking an uncontested action in Florida. In many states, a party seeking to file for divorce must reside within the state for at least a year and in a particular county for a certain amount of time. In Florida, the residency requirement is only six months. However, the case cannot be filed with the Court during the initial six month period. Filing must occur after the individual has lived in the state for an entire six months. Further, there is no requirement that either party remain in a certain county for a specified amount of time. Therefore, at least one spouse (it does not have to be both) must have resided in Florida six months before the case is filed with the Court. Florida determines residency based on presence and intent to remain. This means that one of the parties must be actually present in Florida for six months and intend to make the state his or her residence. It is important to remember that a temporary or vacation home may not be enough to establish residency.
Because every couple will not be eligible to obtain an uncontested divorce, it is important to speak with a lawyer regarding the facts of your particular case. As an uncontested divorce attorney, I have handled many such matters. Contact my office today for an initial consultation and we can determine whether you meet the eligibility requirements. My office also services clients in the cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.