In order to obtain a divorce in Florida, a Final Judgment of Dissolution of Marriage must be signed by a judge. Regardless of the method a couple uses to resolve their differences and decide the terms of their divorce–collaborative, mediation, uncontested–a judge will still ultimately have to sign off on the Final Judgment before a divorce is official.
Court Requirements in Florida Divorce Cases
Just because all divorces in Florida must be signed off by a judge does not mean that all processes are the same. In fact they can be quite different. A contested divorce is the classic litigation divorce that involves serving a spouse with legal documents, exchanging financial discovery, having multiple hearings, and presenting competing cases before a judge at a trial. It is a lengthy and costly process.
An uncontested divorce is a much simpler legal process in which a couple decides together what the terms of their divorce will be. There are multiple ways to get to that point–with the help of a mediator, a collaborative divorce team, or direct discussions between the couple.
It’s important to remember that just because a judge must ultimately sign off on the Final Judgment to obtain a legal divorce in Florida, this does not mean that a drawn-out legal process or trial is required. Oftentimes, the court’s involvement is really just administrative oversight and nothing more.
When Court Appearances Can Be Waived
While hearings used to be required to obtain a divorce in Florida, even an uncontested divorce, the reality is that since the Covid-19 pandemic, the process for obtaining a Final Judgment has relaxed a bit. While each county sets its own rules for obtaining a Final Judgment in an uncontested divorce–and it’s important to note that these rules change from time to time–in the Central Florida area, it is typically straightforward to obtain a divorce without needing to appear at a final hearing. Some counties require more paperwork than others, and Artemis Family Law always stays abreast of the changing rules and requirements.
What to Expect at an Uncontested Divorce Hearing
Should the court require an appearance at a final hearing to obtain a Final Judgment in an uncontested divorce, it is usually very brief, 5 to 10 minutes, with a few standard questions. You can expect to be asked about your connection to Florida to establish jurisdiction, whether you’ve entered into a settlement agreement, and why you are divorcing. Usually just one spouse can appear at a final hearing.
How Artemis Family Law Makes the Process Easier
Artemis Family Law stays aware of the procedural requirements for the nearby counties for obtaining a Final Judgment as efficiently as possible. As such, we help our clients navigate the simplest path to obtaining a divorce with minimal hassle.
If a final hearing is required, we always ensure that our clients feel prepared and comfortable going into the hearing, ready to provide brief testimony to obtain a final judgment.
FAQs
Can both spouses avoid going to court?
Typically yes, if the parties have executed a settlement agreement and all required legal forms.
How long after filing will the hearing take place?
The timeline for obtaining a final hearing, if one is required, can vary immensely depending on the county and the judge’s backlog and calendar. It can be a matter of weeks or very possibly months to obtain a final hearing.
What happens if one spouse can’t attend?
Typically at a final hearing for an uncontested divorce, only one spouse is required to attend and provide the necessary testimony.
Do I need to speak in front of the judge?
Yes, but only to confirm simple facts. You will not be asked to tell your story or divulge details of your marriage.
Schedule a Consultation
Skip the stress and save time. Let Artemis Family Law handle your uncontested divorce.