Comprehensive Legal Services. Customized Representation.

Can I file for a simplified divorce in Florida?

On Behalf of | May 9, 2024 | Divorce

Going through a regular dissolution of marriage may require a lot of time, effort and expenses. In Florida, another legal option for a couple is to file for a simplified divorce. They must file all the necessary documents and appear before a judge when the court grants the final dissolution of their marriage. However, a simplified divorce is not applicable to all couples.

Requirements of a simplified divorce

Both spouses must agree to dissolve their marriage through a simplified divorce. In addition, they must meet the following requirements:

  • No hope for reconciliation: The couple must agree that they have an irretrievably broken union.
  • No pregnancy and minor children: The spouses must not be pregnant, and they should not have kids aged below 18. Also, they must not have adopted minor kids or dependent children.
  • Agreement on property division: The couple must have already reached an agreement on dividing their property and obligations.
  • No requests for alimony: The spouses are not planning to seek alimony.

Finally, there is a residency requirement for those who want to go through a simplified divorce. At least one of the spouses should have resided in Florida for the past six months.

Limitations of a simplified process

Meanwhile, a simplified divorce has limitations. First, the couple has to give up their rights to have a trial and file an appeal. Therefore, they cannot examine and cross-examine their spouse as a witness.

Additionally, the court does not require the couple to disclose their financial information. But a spouse involved in a simplified divorce can still request documents on their spouse’s income, expenses, assets and debts.

A quick solution that still requires counsel

Getting a divorce via a simplified dissolution is an easier process, but seeking legal counsel may help you study your options carefully. By working toward receiving your rightful share, you can move on from your divorce without worry and distress.