What Types Of Divorce Are Available In The State Of Florida?
If you are a Florida resident who is considering divorce, you should be aware that there are two different types of divorce available in the state. The following article will further discuss the two types of divorce that are available to individuals who want to obtain a divorce in the state of Florida.
What are the basic requirements to obtain a divorce in Florida?
Regardless of which type of divorce you choose, you must first show the following requirements:
- The parties are married.
- You or your spouse have resided in Florida for at least six months prior to the date you choose to file for divorce.
- The marriage is “irretrievably broken” (essentially, the marriage cannot be repaired).
What are the two types of divorce available in Florida?
There are two types of divorce available in the state of Florida, which includes a “simplified dissolution of marriage,” and a “regular dissolution of marriage.”
- Simplified dissolution of marriage
A simplified dissolution of marriage is used to describe a situation where both parties ask the court to grant them a divorce. An attorney is usually not required to handle these matters. Parties can only seek this type of divorce if the following requirements are met:
- There cannot be any minor children from the marriage.
- The wife must not be pregnant at the time of filing.
- Both spouses must complete a “Financial Affidavit” (a written statement regarding property and finances) and a “Property Settlement Agreement” (an agreement that settles all property issues).
- Both spouses are required to attend the final divorce hearing.
- Regular dissolution of marriage
A regular dissolution of marriage is used to describe a situation where only one spouse asks the court to grant a divorce. This type of divorce can be classified as either an “uncontested divorce” or a “contested divorce.”
- Uncontested divorce: In an uncontested divorce, the spouses must have all issues related to marital property, marital debts, and minor children from the marriage settled in a signed “marital settlement agreement.” Additionally, the spouses are required to complete a financial affidavit within 45 days of serving the divorce paperwork. Lastly, both spouses are required to attend the final divorce hearing.
- Contested divorce: In a contested divorce, there are one or more major issues that the spouses are unable to agree on without the court’s intervention. These issues typically concern matters such as the division of marital property or custody or minor children from the marriage. After one spouse files divorce papers and the other spouse responds, both spouses will go before a judge, who will make a decision regarding the issues in their case. The petitioner spouse (the spouse who files for divorce) must attend the final hearing or trial.
If You Have Additional Questions Regarding The Divorce Process, Our Firm Can Help
If you need additional information regarding the divorce process, please contact Greater Orlando Family Law. Our experienced Orlando family law attorneys will be happy to answer any questions and address any concerns you may have.
Resource:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.021.html
