Uncontested Divorce Attorney
An uncontested divorce is when both spouses agree on what they will do about their assets, children, and finances in a divorce. If you’re in this situation, you’re in a pretty good one. But saying “we agree on these things” is very different than officially and legally doing it.
Florida requires both spouses to file financial affidavits stating every asset, debt, and source of income. You need a marital settlement agreement that lays out the exact specifics of specific account numbers, property addresses, and retirement fund percentages. If you have children, you need a stable parenting plan that covers not just weekly schedules but holidays, school breaks, and how these decisions get made. Miami-Dade’s Eleventh Judicial Circuit reviews every single piece before a judge signs anything off. If your financial affidavit is incomplete, or if the settlement agreement says “we’ll split everything fairly” instead of naming specific assets, or if the parenting plan skips anything the court requires under § 61.13, it comes back rejected, and your case is pushed back.
You need an uncontested divorce attorney who knows the local courts, the Florida-specific rules, and the nuances of Miami-Dade to help you finalize your divorce. Our uncontested divorce attorney here at Feinstein & Mendez, P.A., is exactly that. We ensure your case runs smoothly, from the first divorce draft to the finalization under the judge. Our goal is always to handle everything right the first time, so nothing slows you down.
You Already Did The Hardest Part. Let us Help You Handle the Legal Side
We make sure the agreements hold up long-term.
Let’s say you had a poorly written settlement; you and your ex agree that you'll split the house "equally," but the agreement doesn't specify a timeline, a buyout process, or what happens if one person refuses to sell. Two years later, you're back in court trying to enforce something that was never specific enough to enforce. We write every agreement with exact details from the start, including the property address, the account numbers, the precise percentages, and the specific dates. Our uncontested divorce attorney doesn’t leave anything up for interpretation.
We make sure the court accepts it the first time.
Miami-Dade's judges review every agreement for legal compliance before signing off. Our uncontested divorce attorney knows exactly what the Eleventh Judicial Circuit requires, and our uncontested divorce attorney will make sure every filing meets that standard before it ever reaches a judge's desk.
We make sure you know what you're entitled to before you sign anything.
If your spouse contributed to a 401k during your marriage, you're probably entitled to a portion of it, even if your name isn't on the account. If you both lived in a Coral Gables home that went up in value, that equity belongs to both of you. If your spouse owned a business that grew while you were married, that growth may be marital property too. A lot of people going through an uncontested divorce don't know any of this, and they sign an agreement that skips over it entirely. Our uncontested divorce attorney will go through your full financial picture with you before anything gets drafted, so nothing that belongs to you gets left out.
Answering Commonly Asked Questions
How long does an uncontested divorce take in Miami-Dade?
Florida has a mandatory 20-day waiting period after the divorce petition is filed under § 61.19. Usually, from our experience, an uncontested divorce can typically take four to eight weeks when everything is properly prepared. But incomplete filings or rejected parenting plans can add months, which is why having an uncontested divorce attorney is so important.
Can my spouse and I be represented by the same attorney?
No, one attorney cannot represent both spouses; it’s called a conflict of interest under Florida Bar rules. What usually happens in an uncontested divorce is that one spouse calls us, we prepare all the needed documents, and the other spouse reviews them independently.
What happens to my spouse's pension or retirement account in an uncontested divorce?
Retirement accounts and pensions accumulated during a marriage are marital assets under § 61.075—regardless of whose name is on the account. Most retirement accounts require a separate court order called a Qualified Domestic Relations Order, or QDRO, to actually split the account without triggering taxes or penalties. If your settlement agreement doesn’t address this correctly, you could lose your share entirely. We make sure every retirement asset is actually accounted for and divided the right way.
Free Consultations
