Divorce

All of the following requirements must be met to file a simplified dissolution. Both parties must sign the forms and appear before the judge for the final hearing.

Requirements:

• You have no children, including adopted or dependent children, under 18 years old.
• The wife is not pregnant.
• At least one party has lived in Florida for the past six months.
• You have made provisions for the division of your property and the payment of your obligations and are satisfied with them.
• You have both signed the joint petition and all other papers needed to carry out this procedure and paid the required fees to the Clerk.
• You both want to end the marriage because of serious permanent differences.
• You both have agreed to use the simplified dissolution of marriage procedure rather than a regular dissolution.
• You are both aware of the following facts:
  • After the dissolution becomes final, neither party has any right to expect money nor support from the other, except for what is included in the property settlement agreement.
  • By choosing the simplified dissolution of marriage procedure, you give up certain legal rights you would have if you had used the regular dissolution procedure.

The Dissolution of Marriage applies to the following situations:

• if the couple has a dependent minor child together
• if the wife is pregnant
• if one spouse is not in agreement with the divorce.

Other legal issues and tax-related consequences might affect your actions. For these reasons, you may choose to hire an attorney to represent you in this type of case.

If you choose to represent yourself in these matters, you are required to prepare your own legal documents and otherwise proceed according to Florida law and rules of court.

If the Petition for Dissolution of Marriage is contested by either spouse and the issues cannot be resolved, both sides will be required to attend a mediation hearing to settle the disputed issues before the court will allow a temporary relief hearing.

Divorces Involving Minor Children

If the couple has a dependent minor child, both parties are required to attend a parent education course. Once both parties have completed the course and their certificates have been turned in, you will be able to schedule a final hearing. The parties are responsible for the course fees.

If your spouse has the ability to contribute to you and your minor child(ren) but has failed to do so, you may ask the court to enter a support order. You can only use this form if a dissolution of marriage has not been filed and based upon the time-sharing schedule, you are entitled to support.

If a petition for dissolution of marriage has been filed, you should file a Motion for Temporary Support and Time-Sharing with Dependent or Minor Child(ren), form 12.947(a), instead of using this petition. Also, if you are requesting that an order be entered for you to pay support to your spouse, you should not file this form.

This petition cannot address the issues of property, debts, or parental responsibility and time-sharing with child(ren). It only deals with alimony and child support.