LEGAL GUIDE
Written by attorney Vanessa Alexandra Vasquez de Lara | Jan 5, 2011

What is a Simplified Dissolution of Marriage and Who Can Obtain One in Florida

A simplified dissolution of marriage refers to a less complicated procedure available under certain circumstances for obtaining a divorce. This process is normally faster than a standard dissolution and for a short term or no asset/liabilities marriage can be beneficial.

A husband and wife may obtain a divorce through the simplified dissolution procedure only if ALL of the following conditions are met by both spouses at the time that they JOINTLY file a petition for simplified dissolution of marriage. A simplified dissolution cannot be filed by one party without the other party joining in the petition. If even one of the statements below does not apply to a particular couple, then the simplified dissolution procedure is not the appropriate dissolution venue for said couple. A standard dissolution procedure with a marital settlement agreement would be best. The requirements for the simplified dissolution are as follows:

  • There can be no minor or dependent children born from the marriage nor can the wife be pregnant.
  • If there is property, division of property has been agreed to and a written property division agreement must be filed with the court at the time of initial appearance.
  • You cannot have any unresolved financial obligations.
  • One of the parties must be a Florida resident for at least six months prior to the date of filing and your residency must be corroborated by a witness.
  • Both parties will be required to complete a marital settlement agreement.

If you are not represented by an attorney, you can go to the Self Help Department at your local Family Court. In Miami-Dade County, this can be done at the 24th Floor, Room 2441 of the Lawson E. Thomas Courthouse Center at 175 N.W. 1st Avenue, Miami, Florida.

Although an attorney is not necessary for a simplified dissolution of marriage, it is helpful to at least consult with one prior to going to Self Help as only an attorney can give legal advice on a dissolution matter.

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