Florida Flat Fee / Uncontested / Agreed Divorce:
Divorce isn't usually a cut and dry, stress free process, but in certain situations, a couple who wishes to dissolve their marriage may still find an avenue for divorce that incurs minimal fees and stress.
With a flat fee divorce, both parties work out the terms and reach an uncontested agreement with one another.
Flat fee divorces not only save each party considerable frustration and emotional drain, they're also very cost effective. Because most law firms typically have one time fees established for uncontested divorces where both parties are in agreement, the name "flat fee" became associated with these types of divorces.
The factors that contribute to the overall fee usually consist of attorney's fees, court costs, filing fees, and any other incidental expenditures that may arise during the process. Your attorney should be responsible for all aspects of the case from filing the divorce papers to rectifying any other legal formalities or issues until the final order of divorce is entered.
Is a flat fee divorce possible in my situation?
Not everyone qualifies for a flat fee divorce. Let's take a look at some general guidelines you can use to determine if you might be able to take advantage of this type of divorce.
Is there conflict between you and your spouse?
In order for a flat fee divorce to be the ideal choice, there has to be a minimum amount of conflict and disagreement between both parties to the divorce proceeding. Any issues such as child custody, child support, spousal support (or alimony), or division of property must be resolved through a separate legal agreement.
Factors that need to be present in order to qualify for a flat fee divorce:
- Both parties must agree to be divorced
- Both parties must be able to reach an agreement on any issues related to the marriage dissolution
- Both parties must agree to be represented by one attorney who represents them as one party
- Both parties must be willing to sign any and all papers without any required service on any party
- Both parties must not have any assets exceeding $500,000
If any one of the above 5 factors exist in your situation, the divorce is considered contested.
You should not use this process if any of the following conditions exist:
- Either party has a disagreement about any issue related to the divorce
- Either party wishes to claim specific grounds for divorce such as adultery or cruelty.
- Either party is currently involved in an ongoing bankruptcy case
- The wife is pregnant, regardless of whether or not the husband is the father.
There are also a few factors to consider which involve a 3rd party and also affect the process:
If the wife has had a child by another man since the date of the marriage:
- The case will require that the biological father is included in the suit.
- The 3rd party must also be included in the suit which will incur additional fees
- The 3rd party will also be required to sign a waiver of service.
Call us today at 813-489-3222 for a FREE consultation and case evaluation.
Content authored by Frank Fernandez