I frequently receive calls in my Jacksonville, Florida office asking to explain the term “simplified divorce.” Basically, a Florida simplified divorce is about streamlined forms and procedures. It is an easy way to get a divorce; of course, in the context of divorce, easy is a relative term.
The requirements for a simplified divorce are as follows:
a) The marriage is irretrievably broken.
b) At least one spouse has lived in Florida six months prior to filing the divorce.
c) Complete agreement on division of assets and debts.
d) Agreement that neither spouse will pay alimony.
e) The parties do not have children, and the wife is not pregnant.
f) The parties are willing to waive their right to trial and appeal
g) You and your spouse are both willing to notarize the petition.
h) Both parties are willing to attend the final hearing.
Simplified divorce reduces paperwork because both parties file a Petition (so no response is necessary). Simplified divorce also does not require a financial affidavit or written marital settlement agreement, although both may be submitted. If husband and wife waive a marital settlement agreement and financial affidavit, call the court clerk to set a final hearing, the only forms that will need to be completed and filed are:
1) Family Court Cover Sheet
3) Proposed Final Judgment
The streamlined procedures of a simplified divorce make the most sense for childless couples who have been married for a short period of time with little or no assets and debts.