Florida has a divorce process called simplified dissolution of marriage that allows two people to get a divorce in about 30 days. In order to take advantage of this quick, easy divorce, both the husband and the wife must be in agreement concerning issues such as property and debt division, alimony and child support. This spousal agreement is what makes the divorce uncontested.
In order to file for this simple action, Florida divorce laws requires one of the parties to have lived in the state for at least 180 days prior to the case being opened. It is also important to know that by filing for a simplified dissolution of marriage, both parties give up their rights to trial and an appeal.
How the Simplified Dissolution of Marriage Process Works
All of the forms needed to file this type of divorce in Florida, along with instructions concerning how to fill out these forms, are available at the state court's self help website. Download the petition for simplified dissolution of marriage that reflects the specific facts of the case that is being opened – with or without children, debt and property.
Fill these forms out per the directions included. Make certain to prepare the paperwork for the circuit court of the county where you or your spouse lives. Other divorce documents, also available at the Florida court website that should be filled out for filing with the petition are:
- Family Law Financial Affidavit
- Marital Settlement Agreement
- Final Judgment for Simplified Dissolution of Judgment
- Notice of Social Security Number
Both parties will need to sign the petition in front of a notary public before taking it to the clerk of circuit court to be filed. A filing fee will be charged to open the action. This fee varies from county to county, so be sure to call the courthouse and find out what it is before taking the paperwork to be filed.
You will also need proof that one of the parties has lived in Florida for at least six months.
Child Custody and Support in a Florida Divorce
If children are an issue in the simplified dissolution of marriage action being filed, additional paperwork will need to be included with the paperwork listed above. These legal forms are:
- Uniform Child Custody Jurisdiction and Enforcement Affidavit
- Child Support Guidelines Worksheet
Additionally, the spouses will need to determine child support as calculated under the guidelines established by Florida divorce law. Information concerning Florida child support and a calculator can be found at the Florida Department of Revenue website.
Before a divorce with children can be finalized, both parties must attend a 4-hour parenting class. This class costs approximately $35 per person and is held at different locations throughout the state. It can also be attended online.
Finalizing a Florida Divorce in front of a Judge at a Hearing
Under state law, a judge cannot review any divorce action for 20 days after it is open. When this time period elapses, call the clerk of court and ask how to schedule a brief final hearing in front the judge. This hearing will last approximately 15 minutes. The person who filed the divorce, called the Petitioner, must attend the hearing, but the other spouse, called the Respondent, does not need to be present.
Make certain to bring a copy of the final judgment for simplified dissolution of judgment to the final hearing. The judge will ask a few basic questions regarding the paperwork that has been filed. If everything is in order, he will sign the decree that grants the divorce.
Filing a divorce in Florida without the help of an attorney is not difficult if both spouses are on the same page about everything. You can save yourself time and money by using the resources offered by the state’s family law courts and filing and finalizing the action without a lawyer.
For more information regarding divorce and self-representation, please read: Self Representation in Court without an Attorney, How to File for Uncontested Divorce in Georgia and How to File an Uncontested Divorce in Pennsylvania.
Sources:
Florida State Courts Self Help: Family Forms
State of Florida: Florida Divorce Guide
Janice Fahy - Janice Fahy is a freelance writer who is comfortable researching and writing on just about any topic under the sun.
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