Do You Have To Go to Court To Get a Divorce in Florida?

If you are in Florida and planning to get a divorce, you might wonder if you must go to court. What “going to court” usually means and what many people want to avoid is a contested hearing or trial. This involves standing before a judge, presenting evidence, making arguments, and possibly presenting witnesses to testify. If this is what you mean when you ask if you must go to court to get a divorce in Florida, then the answer is no, not always. You can get a divorce in Florida without going to court. There are several ways to finalize a divorce without a trial or extensive courtroom proceedings, especially when both spouses agree on the divorce terms. Read on to learn more!

Uncontested Divorce in Florida

One of the ways to get a divorce in Florida without going to court is to pursue an uncontested divorce. This is the easiest way to avoid court. However, this option is only viable if you and your spouse agree on all divorce-related matters, including alimony, property division, and child-related issues. In an uncontested divorce, a trial is not a must. The spouses can submit a marital settlement agreement and other necessary documents to the court in such a case.

However, even in an uncontested divorce, you may be required to attend a brief final hearing in court. The good news is that, in some cases, it is possible to attend this hearing remotely. In certain situations, it might even be possible to waive the final hearing. An attorney can help you determine if your case qualifies for a waiver.

Simplified Dissolution of Marriage

In Florida, there is a type of uncontested divorce called a “Simplified Dissolution of Marriage.” However, the couple must meet some strict criteria to qualify for this option. For example, the couple must have no minor or dependent children, and the wife must not be pregnant. If you do not meet all the requirements for this option, for instance, if you have minor children, you can pursue a regular uncontested divorce.

While a court appearance may be required in a Simple Dissolution of Marriage, it is usually brief and straightforward, involving no trial or disputes.

Mediation as an Alternative to Court

If you and your spouse disagree on some issues, you might have already concluded that you must go to court. Hold on! Before you head down that path, consider mediation. In Florida, mediation may be court-ordered or voluntary. Mediation is a confidential process where a neutral third party helps you and your spouse resolve your differences. The mediator does not make decisions but instead facilitates productive conversations, allowing your spouse to reach a mutual agreement. Once you file your agreement with the court and the judge approves it, it becomes legally binding.

The following are some of the main benefits of mediation;

• Less costly than going to court
• Offers privacy and a safe space for discussions
• Offers control over the outcome of the divorce
• Shortens the time it takes to finalize the divorce

Contact an Orlando Divorce Lawyer

For help with your divorce case, contact an experienced Orlando divorce lawyer at The Arwani Law Firm.