Obtaining a Simplified Divorce in Florida
There are two main types of divorce in Florida, known as a simplified dissolution of marriage and a regular dissolution of marriage respectively. Both kinds of divorce require a showing that the parties involved are indeed married, that one spouse has lived in the state for at least six months, and that the marriage is irretrievably broken. However, at this point, the two types of divorce begin to differ dramatically. For instance, a simplified divorce is much easier to handle and is usually less stressful and less expensive for the couples involved. Unfortunately, only couples who satisfy certain requirements can qualify for simplified divorce, so if you have questions about whether or not you could be eligible for a simplified divorce, you should speak with an experienced uncontested divorce attorney who can advise you.
Who is Eligible for a Simplified Divorce?
Aside from the aforementioned requirements, couples who want to file for a simplified divorce must also be able to demonstrate that:
- The couple has no minor children and that neither party is pregnant;
- The parties have already decided how their assets and debts will be divided;
- Neither party is seeking alimony from the other;
- Both parties are willing to complete a financial affidavit, in which their assets and debts are listed and neither party wishes to have any further financial information disclosed;
- Both parties are willing to give up their rights to a trial and an appeal;
- Both parties are willing to sign the divorce petition, although it is not necessary for both parties to be there at the same time when they do so; and
- Both spouses agree to attend a final hearing together.
If a couple satisfies these requirements, they can file for a simplified divorce by completing the necessary forms and submitting them to the clerk of the circuit court in the county where they reside. At this point, the couple can then either sign a Marital Settlement Agreement, which lists how assets and debts will be divided, or can assert that all assets and debts have been disposed of according to an oral agreement. After paying all necessary filing fees, a couple requesting a simplified divorce can set a date for a court appearance, at which point, both parties must appear before a judge. If, at that time, all necessary paperwork is in order, the judge can grant a final order dissolving the marriage.
Call Today to Speak with an Experienced Uncontested Divorce Attorney
Simplified divorces are not appropriate for all couples. However, for couples who do satisfy all of the requirements, this option can save them a significant amount of time and money and doesn’t require the parties to make a number of stressful court appearances. For help determining whether you and your spouse are eligible to file for a simplified divorce, please call dedicated and compassionate Fort Lauderdale uncontested divorce attorney Sandra Bonfiglio, P.A. at 954-945-7591 today. Initial case evaluations are conducted free of charge, so please don’t hesitate to call or contact us online at your earliest convenience.