Florida Simplified Divorce Proceedings
Certain couples in Florida that wish to dissolve their marriage can do so through a simplified process. This type of divorce requires a considerable amount of negotiation and agreement among the divorcing spouses, but if the couple qualifies it can make the entire process cheaper and faster than a typical, contested divorce.
How to File for a Simplified Divorce
A simplified divorce starts with negotiations between the spouses regarding all of the required items of the divorce. The most important aspect of these negotiations is the division of marital property accumulated during the marriage. Once all terms are agreed upon, the forms for a simplified dissolution of marriage are filed with the court.
Typically, the court assigns a date two to three weeks after the forms have been filed where both spouses must show up to court. Once the judge reviews and agrees to the terms of the divorce, the final judgment paperwork is signed and the entire process is finished.
An experienced divorce attorney will be able to help you negotiate terms, file the correct paperwork, and ensure that every aspect of the simplified proceedings runs smoothly. In addition, the costs for a divorce lawyer in a simplified proceeding are usually cheaper than in a normal, contested divorce.
Requirements for a Simplified Divorce
Under the rules of simplified divorce in Florida, a couple that wishes to file for a simplified divorce must meet all of the following requirements. If the couple disagrees on even a single issue, then they do not qualify for this type of divorce.
- At least one spouse meets the residency requirement and has lived in Florida for the six months preceding the filing of the divorce
- Both spouses agree the marriage cannot be saved
- There are no minor children under the age of eighteen or dependent children of the marriage
- The wife is not currently pregnant
- Neither spouse is seeking alimony, otherwise known as spousal support, from the other
- Both spouses have filed financial affidavits and any other written disclosures of financial information with the court or they both agree that financial affidavits are not necessary for the purposes of the divorce
- Both spouses have agreed on and are satisfied with the division of all marital assets and debts in addition to taking their non-marital property
- Both spouses agree to the simplified procedure for divorce which includes giving up the right to a trial and appeal as well as calling the other spouse as a witness for the proceeding
Call a Florida Divorce Attorney Now
Even if you and your spouse agree on the terms of the divorce, filling out the forms and qualifying for a simplified divorce can still be a complex process. If you or someone that you know wishes to file for divorce in Orlando or the surrounding area, let the divorce attorneys at Steve W. Marsee, P.A. help. We are prepared to help you in any way that we can.
