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What is a Declaration for Default or Uncontested Dissolution?
In Orlando, Florida, you have many options for divorce. When you and your spouse agree on all terms, that’s an uncontested dissolution. If your spouse is unresponsive to pleadings or is unwilling to participate in the legal proceedings, you might be able to get a default divorce. Either way, you’re likely to need help from an experienced Orlando divorce lawyer.
Declaration for Default in Florida
Florida is a no-fault divorce state. This means you only need to allege that your marriage is irretrievably broken to get a divorce. You don’t have to prove adultery, misuse of marital funds, or any other cause, though you can.
Many people separate prior to getting a divorce. They do this to try out the divorce, living apart to see what it’s like. Some couples never take the next step of legally divorcing. But if you want to get remarried or completely cut ties with your spouse, getting a divorce decree is required.
If your spouse refuses to participate in divorce proceedings or fails to respond to your divorce petition, you may be entitled to seek a default against your spouse. This essentially allows your case to move forward without the presence of your spouse.
You’ll need to file a motion for default with the appropriate court. Once a default has been entered by the clerk, you can request a hearing and send a copy of the Notice of Hearing to your spouse or their attorney. A judge may then enter a declaration for a default divorce, formally ending your marriage.
Uncontested Dissolution in Florida
Florida law provides you with several options if you want to get a divorce. Your spouse doesn’t have to agree to the divorce. That’s called a contested divorce.
An uncontested divorce occurs when you and your spouse agree on the desire to get a divorce and how to split up all of your assets, property, debts, and liabilities. For many couples splitting up amicably, this is easy to accomplish.
There are, however, still some hurdles you both need to jump through to get divorced. If you’re filing the petition for dissolution of marriage in Florida, you still need to serve your spouse with the divorce papers. When they respond, they can simply agree with everything you’ve stated in the petition, streamlining the process.
You can appear before a judge showing your marital settlement agreement where you agree on the terms of dividing everything up, and the judge will sign a divorce decree, legally ending your marriage.
Your Path to Divorce Depends on Unique Circumstances
Whether you get a default divorce or an uncontested divorce, your path to divorce will vary. In either scenario, you’ll need to file a petition for dissolution with the county court where you reside, serve the divorce papers on your spouse or provide notice of the divorce proceedings, and go before a judge to get a final divorce decree.
While you can try to follow these steps on your own, it’s highly recommended that you seek advice from a trusted Orlando divorce lawyer. Both options have legal nuances that require a keen and detailed eye to help you successfully navigate the process.
Speak with an Orlando Divorce Attorney Today to Discuss a Declaration for Default or Uncontested Dissolution
Getting a divorce is much more complex than getting married. But even if your spouse doesn’t cooperate in the divorce process, you may still be able to legally end your marriage. Contact an experienced family law attorney today to discuss your options.