An Uncontested Divorce After a Long Marriage With No Children and a Simple Settlement

These spouses had been married for more than twenty years, had no children, and had been living apart for about a year when they decided to divorce. They had already divided most of what they owned, so the case came down to a short, clean settlement.

The settlement agreement covers a handful of items. Each spouse keeps the vehicles in their own possession, none of which had loans, and each agreed to sign any title or registration paperwork within thirty days after the Final Judgment so the cars are in the right name. Each keeps the bank accounts held in their own name. There were no joint accounts, no retirement accounts, no real estate and no debts to divide, and both spouses waived alimony. One spouse agreed to pay the court filing fee and the notary fees for both, and each is responsible for their own attorney's fees.

The main wrinkle was residency. Florida requires at least one spouse to have lived in the state for six months before filing, and the documents have to say which spouse that is. The first draft had named one spouse, but the driver's license dates showed the other spouse was the one who qualified. The firm corrected the petition, the proposed judgment and the interrogatories before the spouses signed, and the spouse whose license was used had the license copy included with the filing as proof.

Both spouses reviewed the final documents, signed in an online session with a remote notary, and the packet was filed under the venue agreement. The proposed Final Judgment, with the executed settlement agreement attached, was submitted the same day the case number was assigned, and the judge entered the Final Judgment the next day without a hearing.

What Slowed This Case Down

The first draft named the wrong spouse as the Florida resident party; it was corrected before anything was signed, once the spouses' licenses showed which of them met the six-month residency requirement.

A bank name in the settlement agreement was corrected after the spouses' review, so the final version was signed in one remote online notary session rather than being re-signed later.

Frequently Asked Questions

How can a divorce with no children and no real estate be finished so quickly?

When there are no children, no property that needs a deed or a retirement order, and no debts to divide, the settlement agreement can be short and the judge has little to question. If the spouses agree on every term and the paperwork is complete and consistent, a judge can enter the Final Judgment without a hearing, sometimes within a day or two of filing.

Which spouse has to be the Florida resident for a divorce?

Under section 61.021 of the Florida Statutes, only one spouse has to have lived in Florida for at least six months before the petition is filed. It can be either spouse. The petition and the interrogatories must name the right one, and a copy of that spouse's Florida driver's license or identification card issued at least six months before filing is a common way to prove it.

What happens to our cars after the divorce?

The settlement agreement says which spouse keeps each vehicle. Because the Final Judgment does not change the title by itself, the agreement also requires each spouse to sign any title or registration paperwork within a set number of days, here thirty, so each car ends up in the right person's name.

Can one spouse agree to pay the court costs for both?

Yes. Spouses can agree in the settlement agreement who pays the filing fee and notary fees. If the other spouse advances a cost, the agreement can require reimbursement within a stated number of days after written notice.

What if we find a mistake in the documents before we sign?

Corrections made before signing are simple, because the documents are updated and sent back for review. Corrections after notarization or filing can require new signatures and extra court filings, which is why spouses are asked to read every page before signing.

Why was the case filed in a county other than where the spouses live?

Florida allows an uncontested dissolution to be filed in a county the spouses agree on. The firm files its uncontested cases in a single Florida county under a written venue agreement, and the settlement agreement includes the spouses' written consent to that venue. This keeps the process consistent and efficient wherever in Florida the spouses live.