The Situation
A long-married couple, together for more than twenty years, had been living apart for years and agreed to formally end the marriage. Both lived in the same Florida county, which was not the county where the case was filed; the filing county was chosen under a written venue agreement. They had no children together and no real estate, no joint accounts, and no joint debts. The husband hired the firm, and the wife took part by signing the documents. Their main concern was making sure each spouse's retirement savings stayed with the spouse who built them.
What They Agreed On
Each spouse keeps their own retirement account as separate property, and each waives any claim to the other's account. The accounts were of different sizes, and the agreement states that no division order is needed. The husband keeps the paid-off vehicle. Both spouses permanently waived alimony, each keeps the personal property in their own possession, and each pays their own attorney's fees. Because the agreement left nothing to be transferred or paid after judgment, the couple had no follow-up deadlines once the judgment was entered.
How the Case Moved
The firm drafted the full packet from the intake answers and sent it to both spouses for review. The wife pointed out that her account was described as one type of retirement plan when it was actually another, and the firm corrected the description in the draft. The signing session was delayed for several weeks because of a family medical situation, and each spouse eventually signed separately before a remote online notary, since divorce documents must be signed personally. The case was filed once a payment card was on file. The court entered the Final Judgment 13 days after filing, 52 days after hire, without a hearing.
What Slowed It Down
The main delay was scheduling the signing session around a medical situation in the family. A second, smaller delay came from a payment card that had to be re-entered before the filing fee could be paid.
What Other Couples Can Take From This
When each spouse keeps their own retirement account, a short written waiver of any claim to the other's account, along with a statement that no division order is needed, can close the issue without further paperwork. Reviewing how each account is described before signing helps keep the documents accurate. Spouses who cannot sign at the same time can sign separately, as long as each signs personally before the notary.
What Slowed This Case Down
- The signing session was delayed for several weeks by a family medical situation.
- A payment card had to be re-entered before the filing fee could be paid.
Frequently Asked Questions
Can each spouse keep their own retirement account in an uncontested divorce?
Yes. When both spouses agree, each can keep the retirement account in their own name and waive any claim to the other's account. In this case the agreement said so directly and stated that no Qualified Domestic Relations Order or other division order was required.
Does a couple with no children and no shared property need a hearing?
Not always. When both spouses sign the settlement agreement and nothing is disputed, the judge can enter the Final Judgment without a hearing. Here the judgment was entered 13 days after filing.
Can spouses sign at different times if one of them is unavailable?
Yes. Each spouse must sign personally, but they do not have to sign at the same moment. In this case the spouses signed on different days before a remote online notary.
Can someone else sign divorce documents for a spouse with a power of attorney?
Not in these documents. Divorce is treated as a personal legal action, and the notary in this case confirmed that each spouse had to sign personally.
About the Author

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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