Below is a list of some common questions about our flat fee uncontested divorce option. This FAQ section only applies to this option.
Who does InFocus Family Law Firm represent?
We only represent you. Your spouse would have to hire their own attorney if they want legal representation.
What does “Full Agreement” mean?
It means you and your spouse have agreed as to how you and your spouse will divide all assets and debts. You have both agreed as to whether there is any form of spousal support (alimony). If you have minor children, it means you have agreed on a time-sharing and decision making plan. Child support will also have to be calculated and agreed to.
How long does a flat fee uncontested divorce take?
There are many variables, most of which are controlled by the two parties. Once you have met with an attorney we can give you a better idea of the timeline. A ‘general’ expectation with cooperation of both parties is about 60-90 days. But in some circumstances (and in a county where a hearing is not required) it can be as short a few weeks.
Keep in mind that Dissolution of Marriage Florida Statute Section 61.19, generally requires a 20 day waiting period from the time the petition is filed in court before final judgment.
What are the steps to a flat fee uncontested divorce?
The first step is reviewing the marital circumstance and defining all the terms of the divorce. Once that is done, a settlement agreement is drafted by the attorney.
The agreement is presented to the spouse to review (they can obtain legal counsel if they like). Revisions are made as needed.
Once the settlement agreement is signed by both parties, the next step is to file the agreement and related documents with the court.
Finally, most counties in central Florida require one party to appear at a final hearing for the judge to give final approval. There are some counties where this may not be necessary. Once the judge signs a final judgment, the marriage is dissolved.
What if my spouse is not cooperative?
Then a flat fee uncontested divorce is not a good option for you.
You should only select this divorce option if you feel strongly that both parties are ready to move forward and will work to cooperatively settle the matter. If you are not in agreement, please review the other divorce options available.
What if we can’t agree?
Then you should consider other divorce options. It doesn’t mean the process has to be nasty and drawn out, but the uncontested flat fee option is only available if you both fully agree.
There are lots of other cooperative options to get divorced. For example, you could attend mediation where a trained mediator will help you reach agreement. Each of you could hire an attorney who will assist in reaching settlement cooperatively. There is also collaborative divorce.
You can of course file for divorce in court and ask the court to intervene at any time.
If you are not sure about your options, please schedule a divorce advice and strategy session with us.
What limitations are there to a flat fee uncontested divorce?
Our flat fee divorce option does not include any costs that we have to pay on your behalf. An example would be the filing fee we pay to the court or certified mail.
The flat fee does not include the preparation of any documents to transfer ownership such as real estate documents, domestic relations orders or military benefits. We can make recommendations for how to obtain them if they are needed in your situation.
We place a time limit on our services under all flat fee agreements. It is enough time to complete the process if both party’s are cooperative, but we can’t represent a party for a flat fee indefinitely. Flat fee agreements should only be used if you and your spouse are ready and willing to move forward. If extra time is needed we would have to agree to terms to extend the representation.
What if we change our mind or can’t finalize the agreement?
We can make revisions to the agreement up to the time it is finalized by the judge.
If one or both of you no longer wish to get divorced in an uncontested manner, we can terminate our flat fee representation. However, payment for the flat fee is non-refundable.
How do I sign up?
We require that you meet with one of our attorneys in a divorce strategy and planning session first. It is important you understand what the law is, what your options are and that our uncontested flat-fee divorce option is appropriate for your circumstances.
Once you have done that, just ask them to send you the paperwork to hire us!