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Getting a simplified divorce is possible, with caveats

by | Oct 17, 2018 | divorce

Getting a divorce in Florida might seem like it’s the same as any other state, but the reality is that every state treats divorce differently. Florida sees divorces as having no faults. That means that neither party is responsible. Florida names divorce a “dissolution of marriage,” and you only have to say that your marriage is irretrievably broken to get a divorce.

Essentially, to get a divorce in Florida, you and your spouse just have to say you can’t reconcile your differences any longer. You’ll have to have been in the state of Florida for at least six months prior to filing for a divorce. If your spouse has been in the state for six months but you have not, then your spouse will be able to file for divorce based on residency requirements.

Are there easier ways to end a marriage in Florida?

It depends on your circumstances, but if you both agree on the divorce, have no minor children, have no adopted children under 18, agree on the division of your assets and agree you have permanent differences, then you may be able to file for a simplified dissolution of marriage.

It’s a good idea to keep in mind that Florida is an equitable distribution state. That means that courts divide property in an equitable way, not equally. The courts consider things like your contribution to the marriage and the length of the marriage. You can avoid the court making property division decisions for you if you and your spouse can agree on your own. This is something to discuss with your attorney.