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Many conditions must be met for "simplified" dissolution in FL

A simplified dissolution of marriage is in essence a type of uncontested divorce, in which the parties are in agreement on how to resolve many of the issues that arise during a divorce.

Couples in Florida may be eligible for a simplified dissolution of marriage if and only if certain conditions are met, however. First and foremost, at least one of the parties seeking the divorce must meet the six-month residency requirement to file for divorce in Florida. Once the residency requirement is met, several other conditions must be also satisfied for a couple to proceed with a simplified dissolution.

These conditions include both parties agreeing that their marriage is beyond repair and cannot be saved, the parties not having any minor child or dependent children, and the wife not being pregnant at the time of the filing. In addition, both parties must be in agreement on how property and other assets will be divided between them; both parties must also be in agreement on how any debts they have will be paid off and neither party can be seeking spousal support. Both parties must relinquish their rights to trial and appeal and both parties must be willing to sign the petition at the clerk's office and be present at the final hearing. The parties who satisfy these conditions are responsible to pay all the necessary filing fees, and file all the necessary forms and paperwork to proceed.

Even if just one of the aforementioned conditions is not satisfied, then the parties cannot proceed with a simplified dissolution of marriage petition. Instead, they will be required to file a regular petition for dissolution of marriage since there may be issues such as child support, alimony, dividing marital property, asset valuation and child custody which will have to be addressed.

Regardless of whether one is interested in filing a regular petition for dissolution of marriage or a simplified dissolution of marriage, contacting a Florida family law firm to make sure the right petition is being filed can be extremely beneficial to both parties.

Source: Florida Courts, "Instructions for Florida Family Rules of Procedure Form 12.901(a), Petition For Simplified Dissolution of Marriage," Accessed May 4, 2015

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