How to Get a Quick Divorce in Florida
Requirements for Filing for Simplified Dissolution of Marriage
Oct 28, 2009
If the parties to a Florida divorce have no minor or dependent children together and can otherwise agree on everything involved in the division of their assets and liabilities, they can save time and money by filing for a simplified divorce. To qualify for a simplified Florida divorce, both parties must agree and attest that:
- At least one of the parties has lived in Florida for six months prior to filing for divorce.
- Their marriage cannot be saved.
- They have no minor or dependent children together and the wife is not pregnant.
- They have agreed on how they will divide the property they own.
- They have agreed on how they will pay the debts they both owe.
- Neither party is seeking any alimony from the other.
- They are willing to give up their right to a trial and an appeal.
Florida Divorce Law Permits a Simplified Procedure
The divorce starts with the filing of a Petition for Simplified Dissolution of Marriage in the circuit court. Both the husband and the wife must sign the petition in the presence of a deputy circuit court clerk. Both parties must provide a form of identification that includes a photograph, such as a driver's license. The petition may be filed in the circuit court where the parties live.
What Documents must be Filed with the Divorce Petition?
In addition to the divorce petition, each party must file a Family Law Financial Affidavit that discloses the party's monthly income and expenses. Each party to the divorce must also file a form disclosing his or her Social Security number and must provide proof that one of the parties has met the six-month residency requirement. The latter may be proven by showing a valid Florida driver's license.
Marital Settlement Agreement for an Uncontested Divorce
In addition to the financial affidavits, proof of residency and notices of Social Security number, the parties seeking a simplified Florida divorce must file a Marital Settlement Agreement. The Marital Settlement Agreement must be signed by both parties, and it must show that there are no unresolved issues and that the parties are seeking an uncontested divorce.
Setting the Final Divorce Hearing
At the time the parties file all the necessary forms with the circuit court clerk, they may obtain a date and time to appear in court for the final divorce hearing. Depending on the court's schedule, the divorce hearing may take place in as little as 20 days. On the date of the hearing, both parties must appear before the family law judge. If the judge finds that all the paperwork is in order, he or she will sign a final judgment granting the simplified divorce.
Florida Divorce Attorneys
The relatively quick and inexpensive simplified divorce procedure is available only for truly uncontested divorces where there are no children involved and the parties agree the marriage is irretrievably broken. If the situation does not fit the criteria for a simplified divorce, the parties must file a regular petition for dissolution of marriage. People with questions about the simplified divorce procedure, or people with complex and contested property and child custody issues, should seek the advice of a divorce attorney.
Sources: Chapter 61, Florida Statutes (2009); Florida Family Law Rules of Procedure
Additional Resources: Filing for Divorce in Florida; How to Hire an Attorney
Disclaimer: This article is in no way intended as legal advice. For answers to questions related to specific legal issues, one should contact an attorney in one's local area.
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