If you and your spouse have decided to seek a divorce in Florida, the first thing you will need to decide is what kind of divorce to pursue. There is actually more than one type of divorce. The first is what is known as a “simplified dissolution of marriage” and the other is a “regular dissolution of marriage.” Understanding the difference between these two types is key to knowing which is right for you.
A simplified divorce is exactly as it sounds, a simpler option for most people. This type of divorce is better suited for a couple without children or substantial assets that wants to streamline and expedite the process. No matter how hastily you wish to divorce, however, not every couple qualifies for this type of divorce. To seek a simplified divorce, a couple must show that they do not have nor are expecting any minor children from the marriage. Additionally, they must complete both a “Financial Affidavit” and a “property settlement agreement.” These documents essentially lay out their property and finances of the couple and represent an agreement as to how these assets will be divided.
If a couple has children or is unable to reach a mutual agreement as to how to divide their assets, they must pursue a regular divorce. This is a slightly lengthier and at times costlier type of divorce. It requires that one of the spouses petition the court for a divorce and the other to act as a “respondent.” Then the couple must enter into agreements regarding property, custody and potentially alimony. If the couple cannot agree, the court will make determinations regarding these arrangements.
No matter what type of divorce a couple is seeking, the process can be stressful. If you need assistance with your Florida divorce, consult the skilled family law attorneys at the Law Office of K. Dean Kantaras.