Divorce in Florida can be a complicated and difficult process, both emotionally and financially. Traditional divorce often involves court appearances, piles of paperwork, and potentially lengthy legal battles.
But there’s another option: a simplified dissolution of marriage in Florida. This process offers a faster and less expensive route to ending your marriage. However, it’s not right for everyone.
This article provides a comprehensive guide to simplified dissolution, helping you determine if it’s the right choice for your situation.
What is a Simplified Dissolution of Marriage?
In Florida, a “simplified dissolution of marriage” is a faster, easier way to get divorced. It’s designed for couples who don’t have a lot of disagreements and whose situations are relatively straightforward.
Unlike a traditional divorce, a simplified dissolution avoids trials, formal discovery (like depositions and interrogatories), and drawn-out legal battles. Traditional divorce involves more complicated procedures and can take a lot longer.
Florida Family Law Rule of Procedure 12.105 covers the rules for simplified dissolutions.
Who Qualifies for a Simplified Divorce in Florida?
Not every couple can take advantage of Florida’s simplified divorce process. Here are the main qualifications:
- Agreement on everything. You and your spouse must be in complete agreement on how to divide your property and debts, and on any other aspect of ending your marriage. If you disagree on even one point, you’ll have to pursue a traditional divorce.
- No minor children. If you and your spouse have minor children together, you won’t be able to pursue a simplified divorce. Issues like child custody, child support, and visitation rights are too complex for this type of divorce.
- No alimony requests. Neither of you can be seeking alimony, also known as spousal support. If one of you wants alimony and the other doesn’t agree, a traditional divorce is required.
There are also a couple of other requirements. To get divorced in Florida, at least one of you must have lived in the state for six months before filing the paperwork. Also, by choosing the simplified process, you both agree to give up your right to a trial and your right to appeal the divorce decree.
Steps to File for a Simplified Dissolution of Marriage in Florida
If you and your spouse meet all the requirements for a simplified divorce in Florida, here are the steps you’ll take to legally end your marriage:
File a Joint Petition for Simplified Dissolution of Marriage
You and your spouse will need to sign a Joint Petition and file it with the Clerk of the Court in the county where you live. This document gets the divorce process going and lays out the agreement you’ve both made.
Complete and File Financial Affidavits
You’ll both have to complete financial affidavits, which detail your income, expenses, assets, and debts. It’s extremely important that you’re accurate and honest in these documents, because a fair and valid divorce depends on it.
Attend a Final Hearing
You and your spouse must attend a final hearing in front of a judge. The judge will look over your Joint Petition and financial affidavits to make sure you’ve met all the legal requirements. It’s essential that both of you show up.
Receive the Final Divorce Decree
If the judge approves your agreement, you’ll receive a Final Judgment of Simplified Dissolution of Marriage. This is the official document that terminates your marriage. It also spells out the terms of your divorce, including how you’ll divide your property and allocate any debts you have.
What are the advantages of a simplified divorce?
A simplified dissolution of marriage in Florida offers several benefits:
- Lower costs. You’ll likely pay less in attorney’s fees and court costs than you would in a traditional divorce. The filing fee is generally about $400.
- Faster process. A simplified divorce can take as little as 30 days. You avoid drawn-out court battles and delays.
- Less stress. Because you and your spouse agree on all major issues, the process is less combative and less stressful. It can lead to a more amicable outcome.
Limitations and Considerations
Simplified dissolution isn’t for everyone. It’s really important to understand when it’s not a good fit:
- Complex Situations: If you have a lot of assets, debts, or disagreements, simplified dissolution won’t work. You both need to be 100% on the same page.
- Unfair Outcomes: If one of you doesn’t fully understand your rights, the agreement might be unfair. It’s vital to be informed.
- Full Disclosure is Key: Hiding assets or debts will invalidate the whole thing. Honesty is non-negotiable.
Can a Simplified Dissolution Be Converted to a Regular Divorce?
Life happens. Sometimes, even if you think you agree on everything, you and your spouse might start to disagree. If that happens, or if your situation changes, you can convert your simplified dissolution into a regular divorce.
Typically, this involves filing a motion with the court. Then, the case proceeds like a standard divorce case.
Keep in mind that this conversion has to happen before the final hearing.
How can a family law attorney help?
You don’t always need a lawyer for a simplified dissolution in Florida, but it is a good idea to at least talk to one. An attorney can look over your settlement agreement to make sure it’s fair and follows all the rules. They can also explain your rights and duties under the law.
A lawyer can also help you prepare and file all the paperwork.
Wrapping Up
For couples who qualify, a simplified dissolution in Florida offers a faster, more affordable, and less emotionally draining path than a traditional divorce.
It’s important to remember that simplified dissolution isn’t right for everyone. To make sure it’s the best option for you, consider talking with a family law attorney. They can help you understand the requirements and make sure the process is fair and efficient.
If you and your spouse meet the criteria, a simplified dissolution may be a good way to end your marriage.