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When Divorcing, Will I Have To Go To Family Court?


The answer to whether you will have to go to court to obtain a Florida divorce is that it depends on the details of your situation. A main consideration is if your divorce is uncontested or contested. If the dissolution is uncontested, you may not have to ever enter a courtroom.

Speak with a Tampa family law attorney about your goals, whether you are seeking a specific child custody agreement or are interested in pursuing a large portion of marital assets. Your attorney can share resolution options with you, including negotiation, arbitration, mediation, and litigation.

Learning About Contested and Uncontested Divorces

There are situations in which spouses are unable to agree on the central issues of the divorce. If this is true for you, if you and your spouse are simply unable to reach agreed upon terms when it comes to asset distribution, debt division, child custody schedules, and support possibilities, including child support payment or alimony, the divorce is contested. The disagreements will then be brought to court, both spouses are required to be present, and the judge will decide on the disputes.

Uncontested divorces are different, they are situations in which key issues are agreed upon. Then, a standard or simplified dissolution could be possible.

To qualify for a simplified marital dissolution in Florida, the following must be true:

  • Both spouses agree the marriage is broken, irretrievably.
  • There are no children as a result of the union.
  • Nobody is seeking spousal maintenance payments.
  • Both individuals waive their rights to a trial or appeal process.

When all of the conditions are met, both spouses will appear in court to have the simplified dissolution finalized.

When a simplified dissolution is not an option, you and your spouse may agree to a standard dissolution. Then, your divorce terms will be established through a marital settlement that both of you will sign, as well as confirming a financial affidavit. Though a final hearing will be required, only one spouse is required to attend.

Talk to a Tampa Area Family Lawyer

To learn more about the process, whether you are considering taking your disputes to court or would like to pursue a dissolution of marriage through negotiation, a Tampa family law attorney can walk you through the process and inform you of your options each step of the way. Divorce, contested or not, can be stressful, but a veteran lawyer knows how to secure the agreement you need.

What if I have to go to court to seek my post-divorce goals? While a process of negotiation is often a path to seeking the divorce agreement you want, there are times when disputes need to be settled by a judge in a Florida family court. The compassionate lawyers at HD Law Partners will aggressively fight for the agreement you need to move toward the future with confidence. When you share your concerns with a skilled attorney, they can discuss the pros and cons of litigation with you. Connect with a veteran attorney today, call 813-964-7878 to schedule a free consultation.

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