What Is Simplified Dissolution of Marriage?
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.
Pros of Simplified Dissolution of Marriage
The obvious benefit of a Simplified Dissolution of Marriage is that it is a perfect fit for you if you are in total agreement and only need a judge to declare you divorced. A lesser known benefit of this process is that, unlike most other divorce processes, you are not required to fill out, exchange, or place in the public court file a financial affidavit. A financial affidavit is a document where you list your income, expenses, assets, and debts. This privacy bonus is why more spouses are looking into this option.
Cons of Simplified Dissolution of Marriage
One con of Simplified Dissolution of Marriage is that, because there are many requirements, relatively few families qualify for it. So, if you do not meet any one of the above requirements, you cannot file a Petition for Simplified Dissolution of Marriage. Another con is that, unlike other forms of divorce, both you and your spouse are required to attend a final hearing. In most other forms of divorce, only one spouse is required to attend the final hearing. These days, however, this has become less of an impediment, as most uncontested final hearings (whether for a Simplified Dissolution of Marriage or otherwise) are being conducted by Zoom. So both you and your spouse can attend from the convenience of your home.
Get Help with a Simplified Dissolution of Marriage
Do you need help with a Simplified Dissolution of Marriage? We have your back. Contact us to learn more about how we can help you achieve a Simplified Dissolution of Marriage.
