Many people have a preconception of divorces in Florida: they are expensive.
But this is not always the case.
Simplified divorces are effective and can save you a lot of time (and money) during the completion of the process.
Of course, there are some requirements that need to be met before filing for a simplified dissolution of marriage. We practice law in Miami-Dade County; however, most Florida courts follow the same or very similar local court rules.
In Miami-Dade, the Clerk’s office can help you through this process. However, in order to qualify for a simplified divorce, you must meet the following requirements:
- There can be no minor or dependent children born from the marriage nor can the wife be pregnant.
- If there is property, division of property has been agreed to and a written property division agreement must be filed with the court at the time of initial appearance.
- You cannot have any unresolved financial obligations.
- One of the parties must be a Florida resident for at least six months prior to the date of filing and your residency must be corroborated by a witness.
- Both parties will be required to complete a marital settlement agreement.
If you and your spouse do not meet all of the below requirements, the Clerk’s Office in Miami-Dade cannot assist you in the preparation of your divorce petition.
But you don’t necessarily need to go to the Clerk’s Office to receive assistance in a “simple” divorce. Many attorneys are willing to assist clients for reasonable and modest fee.
Additionally, many parties choose to do their divorce themselves. Miami-Dade Clerk of Court also provides assistance through the Family Court Self Help Program. This program provides packets containing all forms necessary for divorce and other family court matters, for a reasonable fee.
Have more questions?
Need assistance from an attorney?
Feel free to contact us!
Luis Fernandez, PA
Luis Fernandez Law- Criminal & Trial Attorneys serving clients throughout South Florida in both State and Federal matters