When your marriage is over, and a divorce in inevitable, most people are interested in a fast, easy, and less expensive way to divorce in Florida. The first thing is to determine if you and your spouse are able to agree on all issues of your divorce, which is referred to as an uncontested divorce. If there are disputes that will likely not be resolved then you are dealing instead with a contested divorce which in essence means that you will need to look at going the traditional route of divorce which is more time consuming, involved and expensive.
So, the best bet is to try and work out an agreement with your spouse, where both of you compromise so that the divorce can be resolved and over as quickly as possible. Sometimes coming to terms and working together in a cooperative way can be challenging, but if the spouses can set their emotions aside and both have the same goal of avoiding litigation and added expense (which usually requires compromising) and share the goal of obtaining a divorce in the easiest way possible, it can be done.
It is also imperative that you and your spouse, in addition to agreeing to all terms, agree to cooperate and sign the necessary documents that are required to be filed with the Court. It is important also to be aware of each circuit court’s individual requirements as they can vary from circuit to circuit and judge to judge.
One of the easiest ways to divorce in Florida is with what is known as a Simplified Divorce. This is when the divorcing couple asks the court for the divorce together. In these cases, both spouses are considered the “Petitioner.” This type of divorce may be easily handled between the parties, however, having the guidance of an attorney can assist in assuring that the documents needed are all in place and that mistakes are not made legally or otherwise.
The question you may have is …. how do you know if you qualify for a simplified, uncontested divorce?
In order to qualify for a simplified divorce, the parties must meet the following requirements:
- The spouses agree that the marriage is irretrievably broken ( both want the divorce and there is no saving the marriage;)
- You and/or your spouse have lived (are residents) in Florida for at least 6 months prior to the filing of the divorce;
- The spouses do nothave any minor children in common;
- The wife is not pregnant at the time of filing of the divorce;
- Both spouses have completed a “Financial Affidavit” (written declaration regarding property and finances or have specifically waived the same);
- Neither party wants additional financial disclosure except what is provided in Financial Affidavit;
- There is no support (alimony) being paid from one spouse to another;
- There are no assets or liabilities to be further distributed between the parties (all has been divided);
- You are willing to give up your right to trial and appeal;
- The spouses have entered into a “Marital Settlement Agreement” (an agreement that settles all property issues), even if you and your spouse have no property; and
- Both spouses are able and willing to attend the final divorce hearing.
Moving forward from your divorce smoothly and efficiently not only conserves your time but also your resources. To explore whether an uncontested simplified divorce suits you and your soon-to-be ex, or to discover the type of uncontested divorce you may qualify for, we invite you to take the first step towards a new chapter. Start by filling out our prequalification form today.
