Divorce

Florida grants spouse two different options for pursuing divorce – simplified dissolution or traditional dissolution. A simplified dissolution of marriage is often quicker and less complicated. Couples seeking a simplified dissolution must fill out all the necessary documents and appear together before a judge, who will grant the final divorce decree after reviewing their submitted forms, settlement agreement, and other paperwork.

Spouses who meet all the following criteria may file for a simplified dissolution:

• they mutually agree the marriage can’t be saved;
• they don’t share any minor or dependent children and do not expect any;
• neither spouse is seeking alimony;
• both spouses have agreed to a written settlement dividing assets and debts; and
• both spouses agree to the simplified procedure which includes relinquishing the right to a trial and appeal.

A traditional dissolution proceeding tends to be lengthier than the simplified process and begins when either spouse files a “Petition for Dissolution of Marriage” with the court. The petition establishes the grounds for divorce and lays out what the filing spouse seeks in terms of property division, alimony, child custody, and child support. After filing the petition and appropriate forms with the court, the spouse must then “serve” (deliver) a copy of the petition to the other spouse. The other spouse may consequently file an “Answer to the Petition” or agree to the terms set forth by the petition. In most cases, spouses are able to reach an agreement on their own or with a mediator’s help outside of the court. If spouses are unable to reach an agreement and resolve all their disputes, they will have to go to trial and have a judge make the final settlement decision.