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What Are the Requirements for Divorce?

To initiate a legal dissolution of marriage in the state of Florida, you must first determine your eligibility. There are two types of marriage that you can choose to bring to the courts: simplified dissolution and regular dissolution of marriage.

What are the advantages to simple dissolution?

Supposedly, this method is meant to be the faster and more efficient methods. However, this can only be done for a limited number of cases. Couples who mutually decide to petition for the simple dissolution. All of the elements must be in place before proceeding.

These are the following requirements for simple dissolution:

  • Both spouses have agreed there is no chance for reconciliation
  • There are no dependent children or any under the age of 18
  • The wife must not be pregnant
  • At least one spouse must be a resident of Florida for 6 months prior to filing
  • Spouses have agreed to divide their assets and liabilities on their own
  • Neither spouse wishes to seek alimony
  • There is understanding that the couple waives the right to trial and appeal
  • Both spouses must agree to sign the petition at the clerk’s office (can be separate)
  • Both spouses must appear at the final hearing, and must be present jointly

If there is anything that is not fulfilled in the list below, the couple cannot divorce through simple dissolution. On the other hand, if you believe this option works for you, you can benefit from having a much simpler divorce that can be resolved quickly.

At the same time, however, this is an ideal scenario. Oftentimes, couples have difficulty agreeing over items such as assets, finances, and above all else, the future of their children. That is why simple dissolution is not always a viable option, thus necessitating a regular dissolution.

What should I anticipate if I need a regular dissolution?

For this procedure, you will most assuredly need the counsel of a South Florida divorce attorney to advocate for you and help you iron those points of contention. In the event you and your spouse truly cannot agree over your individual and shared goals, the case must be brought to trial.

Should you bring your divorce to court, a judge will preside over the proceedings, and thus there will be no jury involved. The judge will hear both sides from your attorneys arguing on the issues of spousal support, child support and/or custody, and property and asset division. That is when the strength of your lawyer is vital to the success of your divorce.

Contact us for a consultation!

Hager, Schwartz & Ross, P.A. has over 60 years of combined experience assisting in all types of divorce cases, from simple dissolution all the way up to the most complex divorces where the interests of both couples are greatly at stake. We know that we can guide you through the process smoothly and as skillfully as possible.

Do not hesitate to call us—we are available at any time! Your first consultation is complimentary.