Uncontested Divorce With a Prenuptial Agreement and a Spouse in Another State

The Situation

A couple married a few years wanted an agreed divorce with very little to divide. They had no children, no home, no joint bank accounts, and no shared debts. Before the wedding they had signed a prenuptial agreement, and neither spouse was asking the other for money, property, or alimony. The husband lived in Florida, and the wife lived in another state.

What They Agreed On

Each spouse keeps the accounts, retirement savings, and vehicle in his or her own name, and each handles his or her own debts. Both spouses waived alimony permanently. They had already divided their belongings, so the agreement only set a fixed deadline after judgment to return anything still in the other spouse's hands and to remove each other from any account in the other's name. Each pays his or her own attorney's fees, and neither changed a name.

How the Case Moved

The spouses hired the firm and the first full set of documents was drafted the same day. Because the wife lived out of state, both spouses signed before a remote online notary, with photo identification checked on each signer. The Florida residency of the husband carried the case, and his driver's license was embedded in the sworn interrogatories as proof.

The case was filed 10 days after the spouses hired the firm, under a written venue agreement. The court entered the Final Judgment 18 days after filing, which was 28 days after hire. The judgment dissolved the marriage and incorporated the settlement agreement by reference.

What Slowed It Down

After filing, the court issued two orders before it would act on the proposed judgment. One asked for additional paperwork about related cases and a sworn affidavit from each spouse. The other required the final hearing to be scheduled. The proposed judgment and cover letter were then resubmitted to the judge, and the judgment was entered.

What Other Couples Can Take From This

A prenuptial agreement does not have to be filed or reworked to end a marriage on its terms. When both spouses agree it governs, the settlement agreement can simply say that neither claims anything from the other. A short case can still take a few steps after filing, because each judge's chambers has its own procedures for proposed judgments, so it helps to keep the signed paperwork and identification ready until the judgment is entered.