Florida created the Simplified Dissolution of Marriage proceeding to help people representing themselves in divorces. You can use this type of case if:
1. You do not have children and the wife is not currently pregnant AND
2. You have a written agreement to divide your property AND
3. Both of you sign the petition and appear at the court for the final hearing
If you meet these 3 requirements, you should use the Simplified Petition (Form 901(a))
If you both cannot attend the final hearing, you cannot use the Simplified procedures. If have children, you cannot use the Simplified procedure. If there is a dispute about property, you cannot use the Simplified procedure. In any of these situations, you will have to use the regular procedure and the regular petition.
The biggest benefit of using the Simplified Petition is that you may be able to avoid the requirement to file a Financial Affidavit. A recent decision from West Palm Beach allowed the parties to waive the Financial Affidavit requirement in a written agreement signed by both parties. In their waiver agreement, the parties said they already divided their property, both believed the division was fair and equitable and that they waived the Financial Affidavit filing requirement. Despite the rule requiring Financial Affidavits be filed, the divorcing couple was able to divorce without them because they agreed to the waiver in writing and filed it with the court.
If you are not eligible to use the Simplified procedure, don’t despair. If the two of you are in agreement, you can still have an uncontested divorce. You’ll just have to file the regular Petition and Financial Affidavits.
For more information about Florida family law go to http://www.diydivorcefl.blogspot.com
Pamela S. Wynn is a Florida family attorney with more than 23 years experience in Florida courts.
Leave a Reply