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What is a simplified dissolution of marriage?
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What are the eligibility requirements
for obtaining a simplified dissolution?
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Where do I start if I want to obtain a
simplified dissolution?
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What is the filing fee for a petition for
simplified dissolution?
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Is an attorney required to file for a
simplified dissolution?
What is a simplified dissolution of marriage?
A simplified dissolution of marriage refers to a less complicated
procedure available under limited circumstances for obtaining a
divorce. It is usually an inexpensive means of ending a marriage
for those couples who meet the eligibility requirements for the
procedure.
What are the eligibility requirements for
obtaining a simplified dissolution?
A husband and wife may obtain a divorce through the simplified
dissolution procedure only if all of the following statements are
true about both spouses at the time that they jointly file a
petition for simplified dissolution of marriage. If even one of
the statements does not apply to a particular couple, the couple
cannot use the simplified dissolution procedure. The requirements
that must be met are as follows:
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The couple has
no minor (under age 18) or dependent children.
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The couple has
no adopted children under 18 years of age.
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The wife is not
pregnant.
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At least one of
the spouses has lived in Florida for the past six months.
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The husband and
wife have made provisions, satisfactory to both of them, for the
division of their property and the payment of their obligations.
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The parties
agree that the marriage is irretrievably broken, meaning that
there are serious permanent differences between them that cannot
be fixed.
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The parties
agree to use the simplified dissolution of marriage procedure
rather than the regular dissolution procedure.
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Both parties are
aware of the following facts:
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After the
dissolution becomes final, neither spouse has any right to
expect money or support from the other, except for what is
included in the property settlement agreement; and
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By choosing
the simplified dissolution procedure, both spouses give up
certain legal rights that they would have if they used the
regular dissolution procedure.
Where do I start if I want to obtain a simplified
dissolution?
If you are not represented by an attorney, you may purchase an
informational packet about the simplified dissolution of marriage
procedure from the Clerk's Domestic Relations Division. The
packet, which includes several forms, costs $15.00. The Domestic
Relations Division is located at 425 N. Orange Avenue, Room 320,
Orlando, Florida 32801.
You may also wish
to contact the Ninth Judicial Circuit's Family Court Unit located
at 425 N. Orange Avenue, Room 510, Orlando, Florida 32801. The
Family Court Unit assists parties who are not represented by an
attorney with filing for divorces, requesting name changes, and
petitioning for modifications of previously entered judgments.
What is the filing fee for
a petition for simplified dissolution of marriage?
Filing fees for dissolution of marriage actions are set out in the
Florida Statutes and in Orange County ordinances. They are subject
to change by legislative action. Refer to
Filing Fees
for a current list.
Is an
attorney required to file for a simplified dissolution?
An attorney is not required to file for a simplified dissolution
of marriage. However, if either of you have any question at all
concerning a legal issue about your right to divorce or any
property rights or tax consequences, it is strongly recommended
that you obtain the services of an attorney. If you do not know an
attorney, you may call the Orange County Bar Lawyer Referral
Service at (407) 422-4537.