Divorce is expensive, with a national average cost of $15,000. Understandably, then, you may try to look for ways to minimize cost by doing as much of the legwork yourself. In Florida, when a couple attempts a DIY divorce, the courts refer to it as a “simplified dissolution.”
A simplified dissolution is one that does not necessarily require the services of an attorney. However, you must still file all the necessary paperwork correctly and on time and appear before a judge, who will decide whether to grant you your dissolution. If successful, a simplified dissolution can save you thousands to tens of thousands of dollars in attorney’s fees, court costs and other expenses.
Eligibility requirements for a simplified dissolution in Florida
While a simplified dissolution may sound ideal, few couples qualify for one. The Florida Bar explains the eligibility requirements for a simplified dissolution for individuals who wish to go this route. Those are as follows:
- You or your spouse lived in Florida for a minimum of six months preceding the filing date
- Both you and the other party agree to use the simplified method
- You and your spouse do not have minor or dependent children together
- Neither you nor your spouse is pregnant
- You do not have adopted children under the age of 18 together
- You agree on all aspects related to property division and debts
- Neither you nor your spouse seeks alimony
- You both agree that your marriage is irretrievably broken
If you meet the above requirements, you may qualify for a simplified dissolution.
How a simplified dissolution differs from a traditional dissolution
Other than foregoing the need for an attorney, a simplified dissolution differs from a traditional dissolution in one major way, and that is the ability to cross-examine the other party. In a regular dissolution, you have the right to obtain documents concerning the other person’s assets, income, expenses and debt before settlement negotiations or trial. You also have the right to cross-examine the other party. In a simplified dissolution, you may request your spouse’s information, but he or she does not have a legal obligation to disclose it.
Simplified dissolution is a nice concept, but it is rarely right for couples with any amount of assets together or who built a life together. If you want a simple divorce but do not qualify for a simplified dissolution, explore other options with a qualified professional.
