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Understanding more about simplified dissolution of marriage

by | Dec 11, 2015 | Divorce

Most of us would list divorce as one of the more challenging life events a person can endure. This makes perfect sense given that the vast majority of divorcing spouses not only have to deal with potentially demanding and otherwise enervating legal procedures, but also cope with the wide range of emotions that can accompany the end of a marriage and the division of the family unit.

It’s worth understanding, however, that there are circumstances in which this physical and emotional strain is rather limited as both spouses actually want the divorce, or are at least willing to move forward in an otherwise amicable and expedited manner.

It’s also worth understanding that the law here in Florida recognizes this reality, providing these couples with the opportunity to secure what is known as a simplified dissolution of marriage or, in easier terms, an uncontested divorce.

Here, rather than endure lengthy legal proceedings, the couple can fill out the necessary paperwork and appear before a judge only once to finalize their split.

While it’s easy to see how this process could save a person time, money and energy, those looking to go this route should be aware that state law dictates that anyone looking to secure a simplified dissolution of marriage must satisfy the following conditions:

  • Both spouses must consent to ending the marriage in this manner
  • They must have no minor children, adopted minor children or dependent children
  • Neither spouse is pregnant
  • Both spouses must agree the marriage is irretrievably broken and at least one spouse must have resided in Florida for the six months immediately preceding the divorce
  • Neither side is requesting alimony
  • All property division issues have been resolved

While it may be tempting to go this route without retaining the services of an attorney, it’s important to understand that taking this simple step can help ensure that everything proceeds smoothly and, perhaps most importantly, that no potentially costly mistakes are made.

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