Pacheco Perez P.A.

How can you file an uncontested divorce in Miami?

Couples in Miami thinking about divorce may worry about the effect that it will have on their kids and their finances. While divorce can be messy and painful, it is also possible for a couple to work together to make the process easier for everyone involved and less of a negative experience. Uncontested divorces, typically filed on the grounds of a breakdown of the marital relationship, can be some of the least messy divorces.

An uncontested divorce filing involves you and your ex presenting the courts with the terms you have already agreed upon for asset division and the custody of any children you share. That means you have much more control over the final terms in your divorce. Provided that the terms set within the documents comply with state law, a divorce through an uncontested filing is usually faster and much more straightforward than navigating a contested divorce.

What if you don't agree on terms yet?

One of the most compelling reasons people give for not pursuing an uncontested divorce is concern about unresolved issues from their marriage. Maybe you haven't been able to reach an agreement about a fair way to split up your retirement account yet, or perhaps disagreements about how to share custody have left you at an impasse.

Unaddressed issues can lead to escalating tensions and the feeling that a court-based battle is inevitable. However, there are other methods available to you for resolving those outstanding terms. If you both have your own attorney, you could have your lawyers work together to try to set mutually agreeable terms. If direct negotiation won't work, alternative dispute resolution, such as mediation or arbitration, can allow for the resolution of outstanding issues and a faster divorce filing.

Mediation is an increasingly popular option, as your lawyers help protect you while a third-party mediator helps you find unique solutions to the issues that you can't see eye to eye on yet. You commit those terms to an agreement which then guides the court.

Reasons to work toward an uncontested divorce

Uncontested divorces can offer a host of benefits. Not needing to present your side of the marriage to the courts makes for a much faster divorce, which in turn means a cheaper end to your marriage. Addressing your outstanding issues through negotiations or mediation also offers more privacy, as those negotiations will take place off of the public record instead of in a courtroom.

Finally, working together for an uncontested filing can be particularly beneficial for parents, as the process of resolving those outstanding issues can help them recalibrate their relationship and keep things positive with a focus on the children.

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