SIMPLIFIED DIVORCE

Faulkner Legal Group, P.A., an Orlando divorce law firm, handles a variety of divorce related issues in the Orlando, Central Florida and surrounding areas as well as the State of Florida as a whole. A Divorce may be a contested divorce, and uncontested divorce or a simplified divorce. As an Orlando divorce lawyer, attorney David A. Faulkner represents clients with regard to filing and obtaining simplified divorces, which are more accurately referred to as simplified dissolutions of marriage.

When can you get a simplified dissolution of marriage?

To file for a simplified dissolution of marriage, you and/or your spousemust have lived in Florida for at least 6 months immediately before filing for a dissolution in Florida. You may file a simplified dissolution of marriage in Florida if ALL of the following are true:

You and your spouse agree that the marriage cannot be saved.
You and your spouse have no minor or dependent child(ren) together and the wife is not pregnant.
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.
Neither you nor your spouse wish to have any financial information other than that provided by way of financial affidavits.
You are willing to give up your right to trial and appeal.
You and your spouse are both willing to sign the petition (not necessarily together).
You and your spouse are both willing to go to the final hearing(at the same time).

If you do not meet the criteria above, you must file a regular petitionfor dissolution of marriage. Both you and your spouse will be required to complete and file separate financial affidavits, a notice of Social spouse has (have) lived in Florida for more than 6 months immediately before filing the petition for dissolution of marriage. Residence can be proved by:a valid Florida driver's license, Florida identification card, or voter registration card issued to one of you at least 6 months prior to filing for dissolution of marriage; or

the testimony of another person who knows that either you or your spouse has resided in Florida for more than 6 months and is available to testify in court; or an affidavit. To prove residence by affidavit, you must use an Affidavit of Corroborating Witness. The affidavit must be signed by a person who knows that either you or your spouse has lived in Florida for more than 6 months before the date that you filed the petition for dissolution of marriage. This affidavit may be signed in the presence of the clerk of the court or in the presence of a notary public, who must affix his or her seal at the proper place on the affidavit.

You must pay the appropriate filing feesto the clerk of the circuit court. If you and your spouse cannot afford to pay the filing fees, you may fill out an Application for Determination of Civil Indigent

Status, and file it with your petition for dissolution of marriage. The clerk will determine whether you are eligible to have filing fees waived.

A family law civil cover sheet must also be filed with your petition for dissolution. A date and time for a court appearance must be obtained. On that date, you and your spouse must appear together before a judge. A Final Judgment of Simplified Dissolution of Marriage must be prepared and brought to the final hearing. At that time, if all of the papers are in order, the judge may grant a final judgment dissolving your marriage under simplified dissolution of marriage procedures by signing the final judgment.

If you, a friend or a family member has questions about obtaining a Florida simplified dissolution of marriage, then Orlando divorce attorney David A. Faulkner may be able to assist. Contact him today.