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Who qualifies for a Simplified divorce and who does not?

News & Blog

What is a simplified divorce?

In the state of Florida, there are two types of divorce: a ‘Dissolution of Marriage” and a “Simplified Dissolution of Marriage” or a simplified divorce. Simplified divorces are less expensive and time-consuming when compared to regular divorces.

How to qualify for a simplified divorce?

In order to qualify for a simplified divorce in the state of Florida, one must first prove that either they or their spouse have lived in Florida for at least 6 months prior to filing for a divorce. Along with this, in order to qualify for a simplified divorce, one must meet all the following requirements:

  • You and your spouse agree that the marriage cannot be saved.
  • You and your spouse have no minor or dependent child(ren) together, the wife does not have any minor or dependent children born during the marriage, and the wife is not now pregnant.
  • You and your spouse have worked out how the two of you will divide the things that you both own (your assets) and who will pay what part of the money you both owe (your liabilities), and you are both satisfied with this division.
  • You are not seeking support (alimony) from your spouse, and vice versa.
  • You are willing to give up your right to trial and appeal.
  • You and your spouse are both willing to go into the clerk’s office to sign the petition (not necessarily together).
  • You and your spouse are both willing to go to the final hearing (at the same time).

If you meet all the following requirements, then you qualify for a simple divorce. However, if you do not meet one of these requirements then you do not qualify for a simple petition and must file a regular petition for the dissolution of marriage. 

Divorce laws are complex and should be managed by experienced professionals. If you plan on filing for divorce, then it is strongly recommended that you obtain legal counsel.

PereGonza The Attorneys can offer a free consultation and give you insight on what the best course of action for your specific case may be. Fill out our personal intake form for more information.

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