What is an Uncontested Divorce?
An uncontested divorce occurs when both parties reach a consensus on the terms of their divorce. This means that the two individuals involved can avoid the arduous and expensive process of going to trial and instead resolve their divorce through a legally-binding divorce settlement agreement. By the end of the divorce process, the parties involved may find themselves going to court to attend the final hearing for their uncontested divorce. While we strongly recommend having an experienced attorney guide you through the process, here are some things you can expect the judge to ask you.
In a final divorce hearing in the state of Florida, the judge will ask the parties involved in the uncontested divorce filing for identification. This is to both prove both their identity and residency in the state of Florida. Valid forms of identification can be:
- A Florida Driver’s License
- A Voter Registration Card (Six months or older)
- Affidavit of Corroborating Witness
Without identification, you will need to have a witness testify your residency and identity or have them sign the proper documentation
(i.e Affidavit of Corroborating Witness)
Sworn to Say The Truth
Before we can discuss the questions presented to you in a final uncontested divorce hearing, something must first be made clear. The judge will ask you to swear that your statements are true. Keep in mind that you will be held responsible for what you say so answer truthfully and to the best of you ability.
Questions To Expect
In the state of Florida, the judge presiding over your final uncontested divorce hearing will have a set of questions they are required to ask you. So while some questions may seem strange, please keep in mind that these are questions they are required to ask. The questions you may find a judge asking you, in order, will look something like this.
- What is your full name?
- Are you married to the other party?
- When did you marry?
- How long have you two been separated?
- Do you have any children?
- Are you pregnant?
- Have you had any other children since your separation?
- Can the court reconcile the marriage in any way?
- Did you sign the marital settlement agreement?
- Are you satisfied with the other parties’ disclosure of assets?
- Did you truthfully disclose your assets?
- Will you change your name?
- Did you like your legal representation
Keep in mind that these are some of the more general questions presented in a final uncontested divorce hearing. There may be fewer or more questions depending on the circumstances. If there are children involved in the divorce then expect the Judge to ask you questions on what agreements you have made with your soon to be ex-spouse on how you will handle the children involved. Questions about your timesharing agreement and child support could be asked during the hearing. Questions such as where the child may spend time might come up as well. If you would like to read more about relocation and how it affects custody, click here.
Once you have finished answering the judge’s questions you and your lawyer will be dismissed. The Final Decree of Divorce will be signed shortly after, officially finalizing the divorce.
Here at PereGonza The Attorneys, we strongly recommend that you seek legal counsel when filing for divorce. Our experienced attorneys will be able to guide you through the process and prevent any confusion or complications that may arise from the complicated divorce process. Fill out our personal intake form for more information.