The media regularly represent the method of filing for divorce in Florida as a protracted legal matter that requires attorneys of both parties fighting in courts or otherwise the absence of attorneys for a Do-It-Yourself proceeding. It is likely to attend divorces without attorneys involved, as long as both parties may agree on identical terms of the separation.
The Determination of a Simplified Divorce in Florida
The divorce law of Florida produces two principal types of the dissolution of marriage: a simplified divorce and a general decay of marriage. Both of them need to show that both parties concerned are indeed married, that one of them has lived in the state of Florida for at least six months, and that the marriage is “irretrievably broken.” Despite all the agreements, these two types of dissolution of marriage vary a lot. An alternative that is called a “Simplified Dissolution of Marriage” is much simpler to manage and is normally less costly and less stressful. It permits twosomes to get an immediate separation in about one month from filing to finalization, but under the statement that they have a complete understanding of the terms of the marriage termination. This type of divorce is called an uncontested one, and it means that both divorce participants would have to meet special conditions of the divorce in Florida.
Can a Simplified Divorce Work?
A simplified dissolution of marriage is an opportunity for the couple if they have lived in Florida for at least six months and if the next statements are exactly steady for them:
– Both participants recognize that the marriage is broken and there is no other way to save it
– The couple has no ordinary minor child(ren), and there is no contemporary pregnancy
– Both spouses have considered how they will share the common property, and what exactly the property is.
– Both spouses affirm that they will miss their property if one of them does not follow through with the contract to divide joint property in an appropriate way
– None of the spouses wants to carry the spousal support (alimony) from the other
– None of the spouses yearns to hold any commercial notice except the separated business
– Both spouses are eager to give up their claims to the court and request their own needs
– Both spouses are willing to perform the divorce Petition (not significantly together)
– Both spouses suggest going to the final hearing at the same time.
How to Receive a Simplified Divorce?
To file for a simplified divorce, the divorcing spouses would have to go to the Clerk of the Court in their state (Florida). The Clerk will present them the knowledge about the divorce process in general. After they appreciate the report, the Clerk will supply the divorce forms to complete. These forms are also available online, and it is not necessary at all to hire the clerk to get the divorce. There are some various online services which will quickly provide clients with the needed forms and documents online within the shortest period.
Bear in mind that an arrangement to meet with the Clerk of the Court is undoubtedly for both spouses. During this assemblage, they will have to match similar items. One of them will be to demonstrate that they have been living in Florida for at least six months before filing for divorce. It can be any possible document assuring the court that the couple does not cheat the court. Florida Driver’s License issued six months or more before filing is the best choice to prove rightness. If neither of the parties has a license, they can have a witness fill out a sworn statement and have it notarized.
After both parties have read all the information, and the forms are complete, they can file for the simplified divorce and pay the required filing fee. Besides asking for a divorce, a person may also ask the court to change their name back to what it was before marriage.
When a couple files for divorce, the court sets a hearing date. Both parties must appear before the judge at this hearing where they would have to answer questions about what they wrote in the paperwork and confirm before the judge that their marriage is “irretrievably broken.”
After hearing the testimony of both spouses, the judge will make the final determination. If the divorce is given, the judge will sign the final decree for the marriage termination, and the twosome will get an approved legal copy of it in a week or so. Both spouses need to retain this copy for their records to avoid any issues in the future.
Overall, to get a simplified divorce in Florida, review the following phases of the divorce process:
- Choose or specify accountabilities for the financial interests
Determine financial issues about who will pay the debt if any, credit or credit card debt before filing for a divorce.
- Determine how matrimonial assets will be shared
Propose the sharing of the present estate, business assets, and reward assets.
- File for divorce accurately
Bring a legitimate ID with a photo for both spouses, as a Petitioner of the future divorce process. Both spouses are to assemble at the court clerk’s office if needed.
Obtain a witness who will prove valid residency in Florida. A witness has to show a legitimate ID with a photo as well. A witness has to prove that at least one of the spouses has been living in Florida for at least six months.
Suggest a family arrangement. The settlement of both spouses on the sharing of property must meet the marital agreement.
Pay a filing fee to the court. Individual checks are not accepted.
- Attend the final hearing.
Both spouses have to attend the final hearing. It regularly takes place about 30 days after the filing of the application for divorce.
To make the procedure more comfortable:
– Find out if there is a self-help center in the county of residence. Self-help centers provide the required forms and documents for filing for divorce and advise how to fill out these forms.
– Write a property sharing agreement so that it is fair for both spouses. The judge will settle whether it meets the highest concerns of both spouses before approving the divorce at the final hearing.
What is more, stay on good terms with your spouse during the divorce process in order to get the decree earlier. The cooperation of both partners is specific for filing for a clear and simplified divorce in Florida.