For couples who are clear about their decision to divorce and do not share minor children, Florida offers a process for a simplified dissolution of marriage. This type of divorce can take as little as 30 days to complete and cost very little money.
Do we qualify for a simplified dissolution of marriage?
If you wish to qualify for a simplified dissolution, you must meet all of the following conditions:
- The divorce is uncontested.
- One partner has been a resident of Florida for at least six months.
- You both agree that your marriage cannot be saved.
- You have agreed on all conditions of separation, including division of assets, spousal support and division of debts and liabilities.
- You have no dependent children.
- The wife is not pregnant.
- You both waive the right to a trial.
- You are both willing to appear at a final hearing together.
Most divorcing couples do not have it so easy. There are a number of issues that might appear simple at first but become complex in the moment. Given the number of things that can hamper your quickie divorce, it is a good idea to have an attorney onboard before you rush to sign a final agreement.
What can delay my divorce?
- Prenuptial agreement — If you have signed a prenuptial agreement, it must be reviewed before you can proceed with the divorce. Once you agree to the simple dissolution, you give up your right to appeal any of the conditions of the prenuptial agreement, even if they are grossly unfair.
- Division of assets — A simple dissolution does not legally require all assets to be disclosed. You might discover after the divorce that your spouse hid significant assets from you to protect them from division, and now you have no recourse.
- Spousal support and Florida law — The laws governing alimony — also called spousal support — are in a state of upheaval. Before you agree to terms, get some advice as to the imminent changes that might impact your payments.
- An acceptable agreement— Your divorce agreement should be fair, not just fast. Even if you are tempted by the degree of emotional turmoil to move quickly through your divorce, it is far better to invest some time in creating and forging a fair and equitable agreement that is not going to leave you with regret down the road.
A divorce attorney at Weiner & Weiss, LLC can help you get divorced as quickly as possible, while still preserving your rights and best interest.
