Under certain circumstances, spouses may jointly file for divorce and schedule their case for a final hearing within thirty days or less. Pursuant to Florida Family Law Rule of Procedure 12.105, this is known as a simplified dissolution of marriage.
Eligibility for a Simplified Dissolution of Marriage
To be eligible for a simplified dissolution of marriage in Florida, the following must be true:
- The parties have no minor or dependent children;
- The wife is not pregnant;
- At least one of the parties has resided in Florida for at least six months prior to filing for divorce;
- The marriage is irretrievably broken (the parties cannot fix their marriage);
- The parties have filled out and exchanged financial affidavits, disclosing their assets, debts, monthly income, and monthly expenses;
- The parties have agreed how to divide their assets and liabilities in a marital settlement agreement;
- Neither party is seeking alimony;
- The parties are willing to waive their right to trial and appeal; and
- The parties are willing and able to appear together at the final hearing.
If all of the above circumstances are not present, then the parties may not file for a simplified dissolution of marriage. However, the parties may still work together to expedite the process in an uncontested dissolution of marriage.
To learn more about dissolution of marriage, whether standard, simplified, or uncontested, you may contact The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or visit our homepage at www.familydiplomacy.com.