What Is Simplified Dissolution of Marriage?

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Are you a spouse in Florida who is simply looking for a divorce?  Do you not have any minor children in common with your spouse?  Do you both agree that there are no alimony or child support issues to deal with?  Are all of your marital assets and debts already divided?

If so, you may be eligible for Florida’s Simplified Dissolution of Marriage.

Basics of Simplified Dissolution of Marriage

Simplified Dissolution of Marriage is meant to be a quick and easy way to divorce.  It is authorized by Rule 12.105 of the Florida Family Law Rules of Procedure.  Most people going through divorce do not qualify for a Simplified Dissolution of Marriage.  If you and your spouse meet the following criteria, then you may qualify:

  • You and your spouse do not have any minor or dependent children in common;
  • Neither your nor your spouse are pregnant;
  • Either you or your spouse has resided in Florida for at least six months prior to filing for divorce (only one spouse is required to have been a resident of Florida);
  • Both of you agree that your marriage is irretrievably broken and cannot be fixed (by, for example, having the judge order you to attend marital counseling);
  • Neither you nor your spouse are seeking alimony;
  • By agreement, you have already divided all assets and debts, or you agree that there are no assets and debts to divide;
  • Both you and your spouse are willing to waive your right to trial and appeal; and
  • Both you and your spouse are willing and able to appear together at the final hearing.

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HB 409 Approves Online Notarization

Florida Greenlights Online Notarization

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We lawyers love paper.  Look at any lawyer’s desk and you will likely see reams and reams of paper, many of which require notarization.

But, more and more, this is becoming a paperless world.  In fact, courts and clerks of court have recognized this reality with the advent of Florida’s e-filing portal.  In this way, paper documents that used to be required to be couriered or mailed to a court can now be submitted electronically.

Yet, notarization still tends to be done with paper copies, with a party having to appear in person in front of a notary public.

This will all change with the enactment of Florida HB 409 which provides for Registration and Authority for Online Notarization.  Below is a summary analysis of the bill from the House of Representatives:

Summary Analysis

CS/CS/HB 409 passed the House on April 24, 2019, and subsequently passed the Senate on May 2, 2019.

Certain documents require a notary public’s presence and signature. Current law prohibits a notary from notarizing a signature if the party executing the document is not in the notary’s physical presence at the time of signature.

A will is a legal document used to designate the distribution of a person’s assets upon death. To be valid, a will must follow certain formalities with respect to its creation, execution, preservation, revocation, and filing. A will must be signed:

 By the testator, who is the person making the will; and
 In the presence of two witnesses, one of which must testify to the authenticity of the will, unless the will is self-proved.

The bill authorizes remote notarization and the use of an electronic will. Specifically, the bill provides:

 Definitions for online notarization and the required technology;
 Procedures, standards, and requirements for online notarization;
 Registration requirements for online notaries;
 A certificate to be used by online notaries;
 Standards for supervising the witnessing of electronic records; and

The bill also authorizes the use of an electronic will. An electronic will is executed, modified, and revoked in a similar manner as a paper will under current law. The bill provides a means for self-proving, storing, and filing an electronic will. The bill creates a “qualified custodian” who is responsible for possessing and controlling the electronic will.

The bill may have an indeterminate, though likely insignificant fiscal impact on state government expenditures.

The bill was approved by the Governor on June 7, 2019, ch. 2019-71, L.O.F., and will become effective on
January 1, 2020, except as otherwise provided.

So, beginning on January 1, 2020, notaries may begin offering online notarization with a party needing to be physically present in front of him or her.  In fact, the party does not even need to be located in the State of Florida so long as the notary is located in the state.

Keep in mind that the notary will need to utilize specialized platforms, and the party will need to have access to audio and visual equipment.  Additionally, the law requires the notary to hold a minimum bond.  Accordingly, not every notary will offer online notarization, but access to online notaries should be relatively easy.

Effect on Divorce and Family Law

In the divorce and family law arena, there are many documents that get notarized, which may include the following (depending on your matter):

  • Petition;
  • Answer;
  • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit;
  • Financial Affidavit;
  • Certificate of Compliance with Mandatory Disclosure;
  • Notice of Social Security Number;
  • Waiver;
  • Parenting Plan; and
  • Marital Settlement Agreement.

When you are in the middle of something as emotionally draining as a divorce, adoption, or paternity matter, you may not have the energy to come to an attorney’s office or go to a bank or other provider and get these items notarized in person.

Accordingly, beginning January 1, 2020, your life will be made a little easier with the option of online notarization.

Speak with a Family Law Attorney

Adam B. Cordover is a collaborative attorney, mediator, and trainer.  Adam is also co-author of Building A Successful Collaborative Family Law Practice (ABA 2018).

What Is The Least Expensive Way To Divorce In Tampa Bay?

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PLEASE NOTE THAT THIS ARTICLE WAS WRITTEN IN 2016 AND THE HOURLY RATES BELOW DO NOT REFLECT OUR CURRENT RATES

You have probably heard of divorce horror stories where couples have suffered for years entrenched in court battles and spent hundreds of thousands of dollars or more.  Fortunately, this is more the exception  than the rule, but still, divorce usually is not cheap.  It is a process, and there are raw emotions involved, but there are methods that can cost more or less.

So what is the least expensive way to divorce?

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Collaborative Divorce Consultation: I Will Meet With Both Spouses

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When prospective divorce clients call in my Tampa office and ask whether both spouses can attend a consultation, they are often relieved to learn that I am willing to meet with both spouses.  I did not always have this policy.  In fact, most Florida divorce attorneys refuse to allow both parties to attend a consultation together.

There is a strict prohibition against an attorney representing both parties to a divorce, and most lawyers want to avoid even the appearance of representing both spouses.

And I, like other attorneys, cannot represent both spouses.  But what I can do is invite divorcing spouses into my office and discuss with them the available process options.  Of course, I will talk with them about traditional litigation, which is the court battle that often comes to mind when people think about divorce.  I will bring up mediation, which is a great form of alternative dispute resolution that allows parties to come to an agreement, but which leaves open the door for their mediation attorneys to engage in detrimental litigation if a full settlement is not reached.

And I will talk about collaborative divorce, which is a voluntary, private process in which the parties and their attorneys agree from the very beginning that they do not want to engage in nasty, public court fights.  In fact, the spouses, who each will have their own individual attorney, sign a participation agreement that states that their attorneys must withdraw if the parties cannot come to an agreement.  Collaborative divorce has a success rate of nearly 90%, so this withdrawal clause hardly ever comes into play, but it allows clients to be open in negotiations without worrying that their spouse’s attorney is keeping an ear open for opposition research to use in trial later on.

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