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Simplified Dissolution of Marriage FAQs
If you and your spouse agree to end your marriage and have few disagreements, Florida law allows for a simpler process known as simplified dissolution of marriage. This option avoids the lengthy court procedures of a traditional divorce and can save you both time and expense.
However, certain legal requirements still must be met before you qualify. Below are answers to some of the most frequently asked questions (FAQs) about simplified dissolution in Florida.
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What Is a Simplified Dissolution of Marriage?
A simplified dissolution is Florida’s version of a simplified divorce process. It allows couples who meet specific conditions to end their marriage without the need for a trial or multiple court hearings.
Instead of litigating issues like property division or alimony in front of a judge, couples file a joint petition with the court. This petition includes an agreement on all required matters, such as how property division will be handled.
If the court determines that you meet the eligibility requirements, a final judgment of dissolution is entered to complete the matter.
Who Qualifies for a Simplified Dissolution in Florida?
Not every couple is eligible for this process. Florida law sets clear criteria that both spouses must meet.
You may qualify if:
- Both spouses agree that the marriage is irretrievably broken
- You have no minor or dependent children together
- Neither spouse is pregnant
- Both of you have agreed on how to divide all marital assets and debts
- Neither spouse is seeking alimony (spousal support)
- At least one spouse has lived in Florida for the six months before filing
If any of these conditions do not apply, you will likely need to file for a regular dissolution of marriage, which involves more formal legal proceedings.
What Documents Do We Need to File?
To begin the simplified dissolution process, you and your spouse will file a Petition for Simplified Dissolution of Marriage in the circuit court of your county. You can also contact your local court for an information packet containing detailed instructions.
You will also need to pay a filing fee, though fee waivers may be available in limited circumstances.
Do We Have to Go to Court?
In most cases, couples who file for simplified dissolution in Florida will not have to appear for a full trial. However, the spouses will typically have to attend a short court hearing.
During this hearing, the judge will:
- Confirm that both parties understand the process
- Ensure that the requirements have been met
- Verify that both spouses want the divorce finalized
If everything is in order, the court can potentially sign the final judgment that officially dissolves the marriage that same day.
How Long Does a Simplified Dissolution Take in Florida?
The process is much faster than a traditional divorce, but timing depends on how quickly you and your spouse gather documents and complete the required steps.
Typically, a simplified dissolution in Florida takes just a couple of months or so from the time you file your petition to the court’s final judgment.
Factors that can affect this timeline include:
- The local court’s schedule and backlog
- Whether all required paperwork is complete and accurate
- How long it takes to schedule a short hearing with the judge
If you are missing required information, your case may be delayed until you correct those issues as well.
What Are the Benefits of a Simplified Dissolution?
The main advantages of a simplified dissolution include:
- Speed: The process is generally faster than a standard divorce
- Cost: Because it avoids trials and multiple hearings, you save on attorney’s fees and court costs
- Privacy: There is typically less public disclosure of financial and personal details
- Control: You and your spouse decide how to divide property instead of having a judge impose terms
- Reduced conflict: Since the process requires agreement on all major issues, it tends to be less adversarial
This option works best for couples who can communicate effectively and have relatively simple financial situations.
What Are the Limitations or Drawbacks?
While simplified dissolution is convenient, it isn’t the right choice for everyone. Couples with more complicated circumstances may be better served by a traditional divorce.
Potential disadvantages include:
- No right to appeal: Once the judge signs the final judgment, you cannot appeal or request changes later
- No alimony: You must agree that neither spouse will receive spousal support
- Complete agreement required: Any disagreement over property, debts, and other matters disqualifies you
- Limited legal guidance: Many couples handle this process without lawyers, but this increases the risk of overlooking important financial and legal issues
If you have significant assets or other complicating circumstances, consulting an experienced family law attorney is strongly recommended.
Contact the Orlando Family Law Attorneys at McMichen, Cinami & Demps for Help Today
If you’re considering filing for a simplified dissolution in Florida, an experienced Orlando divorce attorney can ensure the process goes smoothly. That’s where McMichen, Cinami & Demps can help.
While the procedure is streamlined, it still requires careful attention to detail. Contact us today at (407) 898-2161 to schedule a free initial consultation and learn more about your case, and get started.
McMichen, Cinami & Demps – Orlando Office
1500 E Concord St, Orlando, FL 32803