Archive for the ‘Uncontested Divorce’ Category

Uncontested Divorce in Jacksonville – 15 steps

Uncontested Divorce – The most important factor is attitude!

Uncontested Divorce

First, it bears mentioning that obtaining an uncontested divorce is only possible when both parties agree to settle. When a potential client comes in with a positive attitude of wanting to work their case out, then they greatly improve their chance of achieving that goal. The positive attitude of one party can positively influence the settlement mentality of the other party.

On occasion, a potential client comes into my office hurt and as a “matter of principal” wants to get back at their spouse. They insist on wanting the case to be handled in an aggressive manner and don’t care what it will cost. I personally will not take a case like this because no matter what I am paid, it is never worth it!

I do not profess to settle all of my cases, as there are legitimate issues that sometimes have to be decided by the Judge. However, I at least want my clients to believe it would be better to seek a reasonable settlement instead of spending unnecessary time and money fighting.

Enough said…here are my 15 steps:

15 steps to an uncontested divorce in Jacksonville

Uncontested Divorce Step 1: Schedule a consultation with Steve by calling (904) 348-6723.

Uncontested Divorce Step 2: Complete a New Client Information Sheet.

Uncontested Divorce Step 3: Consult with Steve to discuss the facts of your case and to determine what you want to achieve.

Uncontested Divorce Step 4: Sign a Retainer Agreement.

Uncontested Divorce Step 5: Complete a Financial Affidavit.

Uncontested Divorce Step 6: Steve prepares a Marital Settlement Agreement and other required documents for your review.

Uncontested Divorce Step 7: Review the Marital Settlement Agreement and suggest any changes you believe are necessary.

Uncontested Divorce Step 8: The Marital Settlement Agreement and your Financial Affidavit are delivered to your spouse.

Uncontested Divorce Step 9: The Marital Settlement Agreement and your spouse’s Financial Affidavit are returned to Steve.

Uncontested Divorce Step 10: Review your spouse’s Financial Affidavit. If you are satisfied with his/her representations, then sign the Marital Settlement Agreement and other required documents.*

Uncontested Divorce Step 11: Steve files an “uncontested” Petition for Dissolution of Marriage, the signed Marital Settlement Agreement and other required documents with the Clerk of Court.

Uncontested Divorce Step 12: Register for the Parenting Education class (only required when parties have a minor child or children together).

Uncontested Divorce Step 13: Steve schedules a final hearing with the Judge assigned to the case. The final hearing is usually scheduled to take place 20 to 45 days after the case is filed.

Uncontested Divorce Step 14: Appear with Steve at the final hearing. If the Judge approves the Marital Settlement Agreement, then the Judge will sign a Final Judgment of Dissolution of Marriage dissolving the marriage.

Uncontested Divorce Step 15: Steve (or a 3rd party if needed) prepares any documents needed to transfer assets, such as Deeds, Qualified Domestic Relations Orders and/or Motor Vehicle Power of Attorneys.

Uncontested Divorce – a very important footnote below!

*If there are lingering or unanswered questions as to your spouse’s financial situation (income, expenses, assets and/or liabilities) then the Marital Settlement Agreement should not be signed until questions are answered. This most likely will result in additional steps having to be taken.

Please feel free to contact Steve at (904) DIVORCE (348-6723), if you have any questions about obtaining an uncontested divorce in Jacksonville


Uncontested Divorce – general information

There are only two ways that a divorce can be handled in Florida, contested or uncontested. It is no secret which path I think is best and that is uncontested divorce.

When a matter is uncontested, both parties have chosen to work out their issues amicably without unnecessary fighting and without incurring unnecessary attorney fees.

This is achieved by voluntary settlement negotiations (in person or by a proposed settlement agreement being sent back and forth until finalized). Sometimes a mediator is used to help resolve the matter.

In most contested cases, one or both of the parties want to fight for a variety of reasons. Usually the reasons are based upon some type of revenge, anger or other emotion where the party just has to have their day in court.

A contested case can easily cost three to five times as much as an uncontested case (even more when things get really out of control). So get ready to pay!

In my own practice, there are occasions where each party legitimately believes they are right based on the law (not based on emotion) and a court has to decide the issue. This is the exception, however, as most cases are resolved with the parties taking control of their own outcome.

Copyright © 2009 Steven A. Leitman
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