Simplified Dissolution of Marriage
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:
- The couple has no minor (under age 18) or dependent children.
- The couple has no adopted children under 18 years of age.
- The wife is not pregnant.
- At least one of the spouses has lived in Florida for the past
six months.
- The husband and wife have made provisions, satisfactory to
both of them, for the division of their property and the payment
of their obligations.
- The parties agree that the marriage is irretrievably broken,
meaning that there are serious permanent differences between
them that cannot be fixed.
- The parties agree to use the simplified dissolution of marriage
procedure rather than the regular dissolution procedure.
- Both parties are aware of the following facts:
- 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
- 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 Case Management Unit located at 425 N. Orange Avenue, Room
330, Orlando,
Florida 32801. The Family Court Case Management 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?
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 actions. 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.
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