What is Simplified Dissolution of a Marriage in Florida?
When marriages don’t work out, there are a few different ways to end the marriage: annulment, divorce, and simplified dissolution of a marriage, are some of the ways. Many people don’t quite know what a simplified dissolution of a marriage is.
In short, a simplified dissolution of marriage is quicker and generally pre-agreed upon way to obtain a divorce in Florida–but it is only available if the marriage falls under certain circumstances. All of the following statements have to apply and be true about the couple, or a simplified dissolution of marriage cannot be obtained. The circumstances include:
- The married couple has no dependent children
- The wife is not pregnant
- One or more of the spouses must’ve lived in Florida for the past six months
- The couple must have a plan for division of assets that is agreed upon by both parties
- The couple agrees the marriage isn’t able to be repaired and agree upon the simplified dissolution of marriage as the route for ending the marriage
- Each person in the marriage must be aware that after the dissolution is achieved, neither one of them is entitled to any support from the other spouse
- Both members of the marriage must be present at the dissolution of marriage hearing
If any of the above statements are not true, the couple must seek an alternate route for ending their marriage, typically, this is a traditional divorce. If the statements all apply to the married couple, the couple can then either seek an attorney to guide them through the process, or they can file for the dissolution themselves. However, we highly recommend hiring an attorney for this process because ending marriages is rarely a clean, easy procedure, so it is best to have an experienced attorney on your side.
Downsides to a Simplified Dissolution in Florida
There is a downside to a simplified dissolution, however. Mainly, when filing for a divorce in this way, the couple gives up some of their legal rights. The couple forfeits the option of seeking any kind of financial support after the marriage. Alimony is not an option after filing for a simplified dissolution of marriage. Also, if the couple files for a simplified dissolution themselves, they lose the help and advice of an attorney. Having an attorney through any process involved in ending a marriage is vital. The attorney can advise and be sure that their client is cared for and all laws are followed at all times. If you are interested in filing for divorce, give us a call today.