Fortunately for some couples, Florida does have a simplified process for dissolving a marriage other than a standard divorce. It is called a simplified dissolution of marriage, and in many cases an attorney may not be necessary.
However, the couple is responsible for filing all of the required documents correctly. In addition, both spouses must appear before a judge when the final dissolution is ordered.
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The simplified dissolution of marriage can only be used in certain circumstances. First, both spouses have to agree to use this form of divorce, and at least one of the spouses must have lived in Florida for the previous six months. The spouses cannot have any minor children, including adopted children, together.
The wife cannot be pregnant at the time of the divorce. The partiAddes must have agreed on the division of all of their assets and debts. Neither party can be seeking alimony. Finally, both parties also have to agree that the marriage is irretrievably broken.
A simplified dissolution of marriage is typically quicker and easier than a regular divorce. However, there are some rights that a party to a regular divorce would have that are lost by using this procedure.
For example, in a regular dissolution of marriage, each spouse has the right to cross-examine the other spouse as a witness. Both spouses also have the ability to obtain documents from the other spouse concerning income, expenses, assets and liabilities. However, in a simplified dissolution of marriage, disclosure of financial information is not required.
There may be reasons to use a simplified dissolution of marriage procedure in Florida, for couples without children or a lot of assets and liabilities, who can reach an agreement on property division. However, this process is not for everyone.