Simplified Dissolution of Marriage In Florida: Do You Qualify?
August 21, 2019
Florida has the seventh-highest divorce rate
in the country with roughly 50,000 couples in the state who seek a divorce annually. Even though these numbers make it sound like couples in Florida are unhappy, the numbers are actually more relative to the fact that Florida is one state that makes the dissolution of marriage a more simplified process.
If you live in Florida and seek a divorce, you may have the option of filing for a simplified dissolution of marriage, which is not very time-consuming and easy to do. However, not every couple will qualify for a simplified dissolution of marriage; certain factors will prevent you and your significant other from qualifying for this type of divorce.
You Won't Qualify If You Have Children
The Florida Bar states that you will not qualify for a simplified marriage dissolution if you have children under the age of 18, dependent children, or adopted children. Likewise, you will not be able to go the simplified route if you or your spouse is pregnant. Cases involving children are naturally going to be more complex and involve things like custody decisions and child support.
You Won't Qualify If Both of You Don't Agree the Marriage Is Broken
Unlike some states, Florida does not require much for you to file for a divorce. The only thing that has to be proven is that the marriage is irretrievably broken.
According to the Legal Dictionary, the irretrievable breakdown of a marriage is basically defined as when both the husband and the wife aren’t willing to live together, which destroys their husband and wife relationship. Both parties need to feel that their relationship is irreparably damaged.
As long as both parties in the divorce agree that there is no hope to save the marriage and all other criteria are met, you can file for a simplified dissolution of marriage in Florida. If one spouse does feel the marriage can be saved, the divorce would not be an amicable decision, and the simplified method will not work.
You Won't Qualify If You Can't Agree On Asset Division
One of the most common reasons for disagreements in a divorce is asset division. When two people have worked together to accumulate their tangible properties, it is understandable that both parties should be entitled to their fair share after a divorce. However, there can be disagreements about:
- Who gets which properties
- Whether a home will be sold or given to one spouse or the other
- Properties that an individual acquired on their own or had before marriage
To qualify for a simplified dissolution of marriage, both parties must agree on the division of property. Likewise, they must agree on the division of debt. If there are struggles in this area, another filing option may be necessary unless you can quickly come to an agreement.
You Won't Qualify If You or Your Spouse Is Seeking Alimony
Seeking alimony is a typical thing if one spouse made significantly more money than the other in the relationship. A certain level of support has been expected for the individual who did not make an income or did not make as much, which may entitle them to alimony. If either of you are seeking alimony, simplified dissolution will not be a possibility.
If you find out that you cannot file for a simplified dissolution of marriage because of these or other factors, it is more likely that you will need an attorney to help you through the process. If you need help filing for divorce in Florida, reach out to us at Budget Divorce Center
for more information about how we can help.
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