Divorce in Florida. Many people confuse the “simplified” divorce with an “uncontested” divorce in Florida. In order for you to qualify for the “simplified” process all of the below requirements must be met.
You and your spouse agree that the marriage cannot be saved. Florida is a “no fault” state so that is all you need to alledge.
You and your spouse have no minor or dependent child(ren) together, the wife does not
have any minor or dependent children born during the marriage, and the wife is not
You and your spouse have worked out how the two of you will divide the things that you
both own (your assets) and who will pay what part of the money you both owe (your
liabilities), and you are both satisfied with this division.
You are not seeking support (alimony) from your spouse, and vice versa.
You and your spouse have filed financial affidavits with the court or you have waived the
filing of financial affidavits and you are satisfied with the financial disclosure received
from the other spouse.
You are willing to give up your right to trial and appeal. This means that you will not challenge what you have agreed to once the judge signs your final judgment.
You and your spouse are both willing to go into the clerk’s office to sign the petition (not
necessarily together). This means you both have to sign the petition to begin this process. By doing so you are essentially stating you are in complete agreement.
You and your spouse are both willing to go to the final hearing (at the same time). Most clients don’t realize they both have to attend a final hearing.
If you do not meet the criteria above, you must file a regular petition for dissolution of