Under certain circumstances, spouses may jointly file for divorce in Florida and schedule their case for a final hearing within thirty days or less. Pursuant to Florida Family Law Rule of Procedure 12.105, this is known as a simplified dissolution of marriage.
Eligibility for a Simplified Dissolution of Marriage
To be eligible for a simplified dissolution of marriage, the following must be true:
- The parties have no minor or dependent children;
- The wife is not pregnant;
- At least one of the parties has resided in Florida for at least six months prior to filing for divorce;
- The marriage is irretrievably broken (the parties cannot fix their marriage);
- The parties have filled out and exchanged financial affidavits, disclosing their assets, debts, monthly income, and monthly expenses;
- The parties have agreed how to divide their assets and liabilities in a marital settlement agreement;
- Neither party is seeking alimony;
- The parties are willing to waive their right to trial and appeal; and
- The parties are willing and able to appear together at the final hearing.
If all of the above circumstances are not present, then the parties may not file for a simplified dissolution of marriage. However, the parties may still work together to expedite the process in an uncontested dissolution of marriage.