Simplified Divorce Explained?

Simplified divorce explained

In Florida, for example, we have a streamed lined process called a Simplified Divorce. A Simplified Divorce is much faster than the usual divorce process, which can take months. For example, if your marriage is short and there are no assets, and you meet the requirements for a Simplified Divorce, this might be for you.

So what are the requirements for a simplified divorce?

1. The Petition for Dissolution of Marriage (Divorce) must be filed jointly by both spouses;
2. There can be no minor or dependent children from the marriage;
3. One spouse cannot be pregnant at the time of filing;
4. If the couple has any property, they must agree to the division of that property;
5. The filing of a written agreement for the division of any property;
6. There cannot be any unresolved or lingering financial obligations;
7. One spouse must be a resident of Florida for at least six months before filing for the divorce;
8. Residency established by evidence or affidavit, and
9. A Marital Settlement Agreement must be submitted.

Pretty simple, huh? That is why they call it a Simplified Divorce.

In my experience, most people filing for Simplified Divorce are those that after the wedding, go “Oops, maybe we should not have done that.” In my practice, most of the Simplified Divorces I see are couples who have been married a few months or a year and decided they were just not meant to be together after all. On the other hand, if you fail to meet ALL the requirements, you can not file a Simplified Divorce.

Where to file?

Miami-Dade, Broward, Palm Beach, and Monroe County Clerk’s Offices have Self-Help divisions that, although they do not help much, can provide you with the papers to file. Where most people have a problem is with the settlement agreement or the division of property.

Even if you intend to file for a Simplified Divorce yourself, I always recommend you speak to an attorney. Speak to your attorney before going to the Self Help because only an attorney can give you legal advice. The Self-Help division will not provide legal advice to you.

What is an Uncontested Divorce?

These are two completely different concepts that are occasionally confused.  For an explanation of an Uncontested Divorce, please see my informative video What is an Uncontested Divorce?

Please see our YouTube channel, “Your South Florida Lawyer, Patrick J. McGeehan,” for more videos explaining legal concepts in easy to understand terms.

Return to our blog!

Optimization WordPress Plugins & Solutions by W3 EDGE