A simplified divorce, also known as a simplified dissolution of marriage, can be filed when a couple is in agreement that their marriage cannot be saved, unlike those who are not and must file a regular petition for divorce. Now, in order to qualify to file for a simplified divorce, there are certain requirements you must meet. If you are interested in filing for this type of divorce, below we share with you what these requirements are:
- You and your spouse must not have any minor or dependent children together, the wife must not have any minor or dependent children born during the marriage, and she must not be pregnant.
- You and your spouse have taken the time to work out how things will be divided. For example, you must know how your assets are going to be split, who will be responsible for paying what is owed in terms of liabilities, and you the two of you must be satisfied and prepared to move forward with this decision.
- You nor your spouse intends to seek support (alimony) from one another.
- 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. You are not required to go together.
- You and your spouse are both willing to attend the final hearing at the same time.
[Source: Florida Courts].
Once you have determined that you meet the qualifications to file a simplified petition for divorce, these are the next steps you are going to want to take:
- You must complete and sign the Form 12.901(a), Petition for Simplified Dissolution of Marriage. After doing so, it will need to be filed with the Clerk of Circuit Court in Broward County given you are filing in Hollywood. However, if your planning on filing for divorce in a different city, be sure you file this form with the clerk of circuit court in the county in which you live in.
- Now, because there are many things that must be agreed upon prior to filing for a simplified petition for dissolution of marriage, you will want to document what agreements you have come to on these matters by signing a Marital Settlement Agreement, Florida Family Law Rules of Procedure Form 12.902(f)(3). This form can also be filed with the Clerk of Circuit Court. The alternative to signing and submitting this form would be to “agree that all of your assets and liabilities have been disposed of by an oral agreement.
- When filing your dissolution of marriage form, you are required to provide proof that you and/or your spouse has lived in the state of Florida for more than six months. You can prove residency with any of the following:
- A valid Florida drivers license, Florida identification card, or voter registration card that was issued to you at least six months prior to filing for divorce.
- Another person is willing to testify in court that you and/or your spouse has resided in the state for more than six months.
- You can submit an affidavit that must be signed by someone who can attest that either you or your spouse has lived in the state of FL for more than six months. This must be signed in the presence of a notary public.
- You will be required to pay the filing fees associated with the divorce petition and will need to complete a Family Court Cover Sheet which can be obtained from the clerk’s office.
- The Clerk of Court will provide you with a date and time to attend a court hearing. On that date, you and your spouse must appear together before a judge.
Although a simplified divorce is generally easier to get through, there are still many forms that need to be filed and many documents that need to be produced in order for the courts to grant you a divorce. Therefore, if you would like help with this or have a different question pertaining to filing for divorce, contact USAttorneys.com now.