St. Augustine Simple Divorce Attorney

Ending a marriage does not have to mean months of courtroom appearances, mounting legal bills, and the kind of conflict that leaves lasting damage to everyone in the family. For couples in St. Augustine who have reached a mutual understanding about how to move forward, a simplified or uncontested divorce offers a structured, relatively efficient path out of the marriage without the adversarial process that most people dread. St. Augustine simple divorce attorney Sandra Bonfiglio, P.A., works with couples who are ready to resolve their differences respectfully, ensuring that every legal requirement is properly satisfied so the agreement holds up long after the ink is dry.

Florida gives couples who qualify a genuinely streamlined option through its Simplified Dissolution of Marriage process. This is the most pared-down route available under Florida law, reserved for spouses who have no minor or dependent children together, are not seeking alimony from each other, and agree completely on how to divide their marital property and debts. When both spouses can answer yes to each of those conditions, the paperwork is lighter, the process is faster, and the involvement of the court is minimal. For couples who do not qualify for the simplified route but still agree on all substantive issues, a standard uncontested divorce accomplishes the same goal through a slightly more involved filing process that accommodates children, support arrangements, and more complex asset situations.

St. Augustine carries its own procedural environment. Cases here are handled through St. Johns County, and the local rules, filing requirements, and typical timelines differ from what couples encounter in Broward County or elsewhere in Florida. Having an attorney who understands that local context means your paperwork is submitted correctly the first time, and your process does not get delayed by fixable administrative errors.

What the Simplified Dissolution Process Actually Requires in St. Johns County

The Simplified Dissolution of Marriage has specific eligibility requirements that both spouses must meet before this route is available to them. First, at least one spouse must have lived in Florida for a minimum of six months before filing. Florida courts require proof of this residency, which is typically satisfied through a Florida driver’s license, a state identification card, or a voter registration record showing the required time period. Without meeting this threshold, a Florida court does not have jurisdiction over the divorce.

Beyond residency, neither spouse can have minor children together, and the wife cannot be pregnant at the time of filing. Neither party can be seeking alimony. Both spouses must certify that the marriage is irretrievably broken, which is Florida’s legal standard for granting a divorce without assigning fault. The simplified process also requires that both spouses acknowledge they have no right to a trial or to appeal the court’s decision, which underscores how final and complete the agreement must be before you file.

Once those conditions are satisfied, both spouses complete and sign a joint petition along with a marital settlement agreement that documents how all property and debts have been divided. Financial disclosure forms are also required, and both spouses must appear together at a final hearing at the St. Johns County Courthouse, located at 4010 Lewis Speedway in St. Augustine. The hearing is brief, and the judge will review your documents, confirm that both parties entered the agreement voluntarily, and issue the final judgment. In many cases, the entire process from filing to final judgment can be completed within a matter of weeks, assuming the paperwork is complete and the court’s schedule allows.

One detail worth understanding is that the simplified process is designed to be accessible, but accessible does not mean consequence-free if done incorrectly. A marital settlement agreement that is vague about which spouse keeps which asset, or that fails to properly address retirement accounts or real property, can create disputes years later that cost far more to resolve than the original divorce. Having an attorney review and draft the agreement before you file is the step that separates a clean resolution from a lingering legal problem.

Issues That Arise in Simple Divorces That Couples Do Not Always Anticipate

• Real property division: If the couple owns a home, condo, or other real estate in St. Johns County, the marital settlement agreement must clearly address whether one spouse is buying out the other, the property is being sold, or one spouse is assuming the mortgage. Vague language about real estate creates title problems that can prevent a future sale or refinance.
• Retirement accounts and pensions: Dividing a 401(k), IRA, or pension in a divorce typically requires a separate court order called a Qualified Domestic Relations Order. Many couples overlook this step in a simple divorce, only to discover later that the retirement account transfer cannot proceed without one.
• Name restoration: A spouse who wishes to return to a former name can include that request in the dissolution petition. Florida courts can restore a former name as part of the divorce judgment, but the language must be specifically included in the filing for this to happen.
• Jointly held debt: Agreeing that one spouse will be responsible for a joint credit card or car loan is binding between the spouses, but it does not remove the other spouse’s name from the creditor’s records. If the responsible spouse stops paying, the creditor can still pursue the other. Proper planning for debt disposition before filing helps avoid this situation.
• Timesharing and parenting plans for standard uncontested divorces: Couples with children who cannot use the simplified process but agree on all issues must submit a parenting plan that meets Florida’s statutory requirements. Courts will not approve a plan that is incomplete or that does not address the required elements, including the decision-making framework, holiday schedule, and communication between co-parents.
• Alimony under Florida’s current framework: Florida’s alimony law, updated in 2023, eliminated permanent alimony and restructured the available forms of spousal support to include bridge-the-gap, rehabilitative, and durational alimony. In a simple divorce, neither party is seeking alimony, but in a standard uncontested divorce involving a support agreement, the terms must conform to the current statutory framework to be enforceable.
• Court filing fees and processing timelines: Filing fees in St. Johns County apply at the time of submission, and the court’s processing timeline can vary. Understanding what to expect, including how long it typically takes for the clerk’s office to schedule a final hearing, helps couples plan accordingly rather than being caught off guard.

Why Sandra Bonfiglio, P.A. Handles Simple Divorces in St. Augustine

Sandra Bonfiglio, P.A. focuses specifically on amicable divorce resolution, uncontested divorce, and family mediation in both Fort Lauderdale and St. Augustine. That deliberate focus means clients in St. Augustine are not working with a general practice firm that handles simple divorces as an afterthought. The firm’s approach centers on helping couples complete their resolution efficiently while ensuring that every document is legally sound and every contingency is addressed before the paperwork is filed.

The firm works with couples across both the Fort Lauderdale and St. Augustine markets, which means it operates within both the Broward County and St. Johns County court systems. For clients in St. Augustine, that means working with an attorney who understands the local filing process, knows what the St. Johns County Courthouse requires, and can anticipate how the local procedures will affect your timeline. The firm’s emphasis on collaborative, respectful resolution also means clients do not feel pushed toward an adversarial process when an amicable one is available and appropriate.

For couples who are aligned on the major issues but want to make sure the agreement they sign will actually hold up, Sandra Bonfiglio, P.A. offers the kind of careful document preparation and legal review that prevents the common mistakes that turn a clean divorce into a drawn-out problem. Whether your situation qualifies for the simplified dissolution or falls under the standard uncontested process, the firm can guide you through both.

St. Augustine Simple Divorce Questions Answered

Who qualifies for a Simplified Dissolution of Marriage in Florida?

To use Florida’s simplified dissolution process, both spouses must agree that the marriage is irretrievably broken, neither spouse can have minor or dependent children with the other, the wife cannot be pregnant, and neither party can be seeking alimony. At least one spouse must have lived in Florida for at least six months before filing. Both parties must also be willing to appear together at the final hearing and must waive the right to trial and appeal.

What is the difference between a simplified dissolution and a standard uncontested divorce?

The simplified dissolution is available only to couples who meet the strict eligibility criteria above. It involves fewer forms and a joint filing. A standard uncontested divorce is available to any couple who agrees on all issues, including those with children, alimony provisions, or more complex property situations. Both routes avoid litigation, but the standard process involves more documentation and may require a parenting plan and financial disclosures beyond what the simplified route requires.

Do both spouses have to appear in court for a simple divorce in St. Augustine?

For a Simplified Dissolution of Marriage, yes, both spouses must appear together at the final hearing before the judge. For a standard uncontested divorce, court appearances may or may not be required depending on whether the documents are complete and approved. Some standard uncontested divorces in Florida are resolved without either party appearing, but this depends on the specific circumstances and the court’s determination.

How long does a simple divorce typically take in St. Johns County?

Once all paperwork is filed and accepted by the St. Johns County Clerk’s office, the timeline depends on the court’s scheduling availability and whether any issues arise with the submitted documents. A properly prepared simplified dissolution can sometimes be finalized within a few weeks of filing. Cases with more documentation requirements, or where revisions to the agreement are needed, take longer. Incomplete or improperly prepared filings are the most common source of delays.

Can we write our own marital settlement agreement without an attorney?

Florida does not require an attorney for an uncontested or simplified divorce. However, a self-drafted marital settlement agreement that is vague, incomplete, or legally unenforceable can create problems down the line, particularly regarding real property, retirement accounts, or child-related matters. An attorney can review or draft the agreement to ensure it covers what it needs to cover and meets the court’s requirements, which protects both parties after the divorce is finalized.

What happens to the family home in a simple divorce?

The marital settlement agreement must address any real property the couple owns, including the St. Augustine or St. Johns County home. Options typically include one spouse purchasing the other’s share and assuming the mortgage, selling the property and dividing the proceeds, or a deferred sale arrangement if children are involved in a standard uncontested case. The agreement should clearly document whichever approach the parties select, and a deed transfer may be necessary to update title records after the divorce is finalized.

Is a simple divorce still valid if we have significant assets?

The simplified dissolution process is not the right fit for couples with complex estates. While a simplified divorce is legally valid regardless of asset value, the process works best when the division of property is genuinely straightforward. Couples with substantial real estate holdings, business interests, retirement portfolios, or investments are better served by a standard uncontested divorce, where the marital settlement agreement can be drafted with the level of specificity those assets require.

Can I get my former name restored as part of my St. Augustine divorce?

Yes. Florida allows a spouse to request restoration of a former legal name as part of the dissolution of marriage. This must be specifically requested in the dissolution petition, and the language needs to be included in the final judgment for the restoration to take effect. Once the judgment is issued, the restored name can be used to update a Social Security card, driver’s license, passport, and other identification.

What if we agree on everything now but our circumstances change before the divorce is finalized?

Both parties should review and confirm the terms of their agreement carefully before signing and submitting the paperwork. If circumstances change before the final judgment is issued, such as one spouse losing a job, a new asset being discovered, or the parties no longer agreeing on a term, the process may need to be paused or shifted to a different approach. An attorney can help navigate that kind of change without starting entirely from scratch.

Do we still need separate attorneys in a simple divorce?

One attorney cannot represent both spouses, as that would create a conflict of interest. However, one attorney can represent one spouse and assist that spouse in preparing the documentation, while the other spouse either retains separate counsel or proceeds without representation. Many simple divorces proceed with only one spouse represented, but both should understand what they are signing and the consequences of the agreement before the filing is complete.

Serving St. Augustine and St. Johns County Families Through Uncontested Divorce

Sandra Bonfiglio, P.A. serves clients throughout the St. Augustine area and across St. Johns County, including those in Ponte Vedra Beach, Nocatee, Fruit Cove, Julington Creek, Palm Valley, St. Johns, Hastings, Vilano Beach, Crescent Beach, and the historic downtown St. Augustine neighborhoods. The firm also serves clients in the communities stretching along the St. Johns County coastline, from South Ponte Vedra through Anastasia Island and into the areas south of the city. For clients in Fort Lauderdale, Broward County, and the surrounding South Florida region, the firm maintains its primary presence at 105 South Avenue of the Arts, Fort Lauderdale, FL 33312. Regardless of which market a client is in, the firm brings the same focused, collaborative approach to resolving divorce matters amicably and efficiently.

Talk to a St. Augustine Simple Divorce Attorney About Your Options

A simple divorce in St. Augustine is within reach for couples who are genuinely aligned and ready to move forward, but the details in the paperwork matter more than most people expect. Whether you qualify for the Simplified Dissolution of Marriage or your situation calls for a standard uncontested process, working with a St. Augustine simple divorce attorney ensures the agreement you reach is one that actually holds up. Sandra Bonfiglio, P.A. helps couples in St. Johns County and throughout the St. Augustine area complete their divorce with clarity, precision, and as little disruption as possible. Contact Sandra Bonfiglio, P.A. to schedule a consultation and find out which approach fits your circumstances.