Each party must immediately file his/her Certificate of Attendance in the court file.
Divorce - 2. Simplified
Are we required to have an attorney?
No. However, if you have any legal questions about the process, property rights, tax consequences, etc., you should consult with an attorney prior to filing for a Simplified Dissolution of Marriage.
How long will it take for my divorce to become final?
A hearing to finalize your divorce will be scheduled at the earliest possible date dependent upon the court's schedule. You and your spouse must both appear before the court on the scheduled hearing date.
What are the requirements that must be met for a simplified divorce?
You and your spouse:
Agree that the marriage cannot be saved
Have no minor or dependent child(ren) together and the wife is not pregnant at this time
Must have worked out:
How you will divide the property/joint assets
Who will pay what part of the money that you both owe (liabilities)
You are both satisfied with this division
One of you must have lived in Florida during the last six (6) months prior to filing
Agree that there will be no alimony support
Do not want any financial information other than that provided in the financial affidavits
Agreed to give up your right to trial and appeal
Are willing to go the Clerk & Comptroller’s office to sign the petition (not necessarily together)
Are willing to go (together) to a final hearing
Are aware of the following:
After the dissolution becomes final, neither party has any right to expect money or support from the other (except for what is included in the property settlement agreement)
You give up certain legal rights by using the Simplified Dissolution of Marriage procedure
What does it cost to file for a simplified divorce?
It is important to include your name, address and telephone number on every document you file with the court.
Divorce - 3. Mediation
What cases can be mediated?
Florida laws define the cases that can be mediated. Issues may include:
Parenting plans, time-sharing and child support
Alimony or spousal support
Divisions of assets and liabilities
What is family mediation?
This is a procedure to assist people who are separating, divorcing or dealing with matters arising after divorce, paternity, support or related matters to reach an agreement without the court making the decision for them.
What is mediation?
An attempt to bring about a peaceful settlement or compromise through the objective intervention of a neutral party.
Why is mediation used?
Advantages include the following:
An opportunity to cooperate for the best interests of all parties
A less expensive resolution than a trial since expenses involved in trial preparation (such as witness and evidence subpoenas and other fees) can be avoided or minimized
Disputes can be resolved in a timely manner with only one court meeting
The agreement is final when both parties agree that the settlement is fair
This agreement must be signed and will be incorporated into a Final Judgment
Privacy for both parties is protected by avoiding the publicity of a trial
Per Supreme Court order, images of these documents are not available online if they were filed after 2002. If your divorce was filed in another county or state, you must search the records in that county or state.