Uncontested Divorce With No Children, an Out-of-State Spouse, and a Name Restoration

The Situation

A married couple of a little over two years, with no children, agreed to end the marriage after living apart for some time. One spouse lives in Florida and the other lives in another state. They owned no real estate, no vehicles, and had no debts to divide. Each had an individual bank account, and one spouse had a 401(k). The husband hired the firm, and the wife took part by signing the documents the firm prepared. Their questions were practical: whether a spouse who lives out of state could be part of an agreed Florida case, and how the wife could go back to her former name.

What They Agreed On

Neither spouse owed or was owed anything. Each keeps their own accounts, the wife keeps her 401(k) in full without any division order, and each pays their own attorney's fees and costs. Both spouses waived alimony. The settlement agreement also provides for the wife to resume her former name, and the Final Judgment restores it.

How the Case Moved

The firm drafted the full packet from the intake answers: the petition, the answer and waiver, the joint waiver, the settlement agreement, the proposed Final Judgment, a set of financial disclosure questions, and an affidavit from a corroborating witness who confirmed the husband's Florida residency. The signed documents were notarized remotely, with identification and a face check completed for each signer. The case was filed 16 days after the husband hired the firm, under a written venue agreement, since neither spouse lives in the county where it was filed. The firm then submitted the proposed Final Judgment with the settlement agreement as filed. The court entered the Final Judgment 2 days after filing, which is 18 days after hire, and the judgment ratified the settlement agreement and restored the wife's former name.

What Slowed It Down

Very little. The one adjustment came at intake: the husband first gave a Florida residency start date that would have fallen short of the six-month requirement, and then corrected it after being asked to verify. The residency affidavit was prepared on the corrected date. The proposed Final Judgment was also rebuilt once so that it carried the settlement agreement exactly as stamped by the clerk at filing.

What Other Couples Can Take From This

In an agreed case with no children and nothing to divide, the settlement agreement can be short, but it still needs to say that each spouse keeps their own accounts, how retirement accounts are treated, whether alimony is waived, and who pays attorney's fees. A spouse who lives out of state can sign remotely before a notary, and a name restoration can be written into both the agreement and the judgment so the certified copy serves as proof for later name changes.