The Situation

A childless couple, married a little over a year and a half, came to the firm with an agreement already reached between them. They owned two houses, several vehicles, separate retirement accounts and a few individual debts. Both houses were the husband's separate property: one was a gift and the other was bought before the marriage, and each was titled and mortgaged in his name alone. The wife wanted to resume her former name. Nobody disputed anything.

What They Agreed On

  • The husband keeps the vehicles in his possession and pays the loan on the truck. The wife keeps her car and pays its loan.
  • Each spouse keeps their own retirement account in full, so no retirement division order was needed.
  • Each spouse is responsible for the credit cards and loans in their own name.
  • The husband keeps both houses and the mortgages, and the wife signs quitclaim deeds within ten days after judgment so no cloud on title remains.
  • Neither spouse receives alimony, and each pays their own attorney's fees.
  • The joint bank accounts had already been split evenly and are closed within thirty days after judgment.
  • The wife's former name is restored in the Final Judgment.

How the Case Moved

The couple hired the firm and drafting started right away. The packet was a standard no-children set: a petition, an answer and waiver of service, a joint waiver of financial affidavits, special interrogatories, and the settlement agreement. Both spouses reviewed the drafts, and the firm confirmed a couple of small factual details with them before the documents were finalized. Both then signed remotely in front of an online notary, so neither had to travel. The case was filed 26 days after they hired the firm, and the proposed Final Judgment, with the executed settlement agreement attached, went to the judge once the court assigned a case number. The Final Judgment was entered 32 days after hiring and 6 days after filing.

Why It Moved Quickly

The parties had not waived the 20-day waiting period under F.S. 61.19, but that period is not a floor the court must wait out, and the judge entered the judgment 6 days after filing. The settlement also did the heavy lifting: with every asset and debt assigned to one spouse by name, there was nothing left for the court to sort out.

What Other Couples Can Take From This

When real estate is one spouse's separate property and everything else is divided in kind, the settlement can stay short, and the work is mostly in making each clause specific: who signs which deed and by when, who pays which loan, and who closes which account. Those details are what make the order easy to carry out after the judge signs it.

Frequently Asked Questions

Can one spouse keep a house that was a gift or bought before the marriage?

A spouse's separate property, such as a house received as a gift or bought before the marriage and kept in that spouse's name, can be confirmed in the settlement agreement as theirs alone. Because the other spouse may still appear on title records or be listed in a mortgage, many agreements also include a quitclaim deed from the other spouse, which releases any interest they might have in the property and removes any question later.

Why does a settlement agreement set deadlines for after the judgment?

Some steps cannot happen until the judge signs the order, such as closing a joint account or recording a deed. Putting a firm deadline on each step means everyone knows when it is due, and a spouse can ask the court to enforce the agreement if a step is not done. This case included deadlines for the quitclaim deeds and for closing the joint accounts.

Does restoring a former name happen automatically?

The Final Judgment can restore a spouse's former name if the settlement agreement and the request ask for it, and it can be used right away. To change a name with the DMV, Social Security and banks, the spouse generally needs a certified copy of the Final Judgment from the clerk of court, so the firm's closing email explains how to order one.

Do both spouses have to travel to sign the paperwork?

Not in this case. Both spouses signed remotely before an online notary, and the documents were filed with the court electronically, so the process could be completed without either spouse coming to an office or courthouse.

About the Author

Antonio G. Jimenez, Esq., Florida divorce attorney

Antonio G. Jimenez, Esq.

Florida attorney since 2006 · Florida Bar #21022 · LL.M. Trial Advocacy

Antonio is the founder of FloridaDivorce.law and creator of Victoria AI, our AI legal intake specialist. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.

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