Family Divorce Law in Fort Lauderdale, Florida: Should I File For Divorce Using Regular of Simplified Dissolution of Marriage Forms?

One of the first questions divorcing individuals in Florida face is whether they should file for divorce using Simplified Dissolution of Marriage procedures or Regular Dissolution of Marriage processes. While your circumstances will largely dictate which process you’ll use, individuals need to be aware that they may be forfeiting important rights and benefits by using the simplified procedure when the regular process may be more beneficial.

Here are some things to consider:

1.      According to the Florida Bar, few couples actually qualify for using the Simplified Dissolution of Marriage process. Here are some key requirements:

·         Both spouses must agree to using the simplified process

·         There must be no minor children in the marriage

·         Neither party must be pregnant

·         One person in the marriage must have resided in Florida for at least the last six months

·         Both parties agree about the division of property and debt

·         Neither party seeks alimony

·         Both spouses agree that the marriage has been irretrievably broken

2.      What rights do you give up when you file for Simplified Dissolution of Marriage? There are some key legal rights that you forfeit when you choose the simplified method. These are:

·         You won’t be able to cross-examine the other party as a witness during divorce proceedings

·         While you can request financial information from your former spouse, disclosure of this information is not required

3.      Are there times when a Simple Dissolution of Marriage is beneficial? For couples with few assets, few debts, and no children, the Simple Dissolution of Marriage process may be less expensive, faster, and more efficient than the regular process. However, if you have assets, debts, or other property, and are concerned that your former spouse may not want to evenly divide assets, a regular dissolution may be required so that you can get a better outcome. If you and your former spouse have no disputes and agree about how your property, debts, and assets should be divided, the Simple Dissolution process may be best.

4.      Are there times when couples should opt for the Regular Dissolution of Marriage process, even when they qualify for the simple process? Dividing assets, property, and other commonly-held goods can be one of the most complex questions you’ll have to answer as you get divorced. While some couples are opting to represent themselves when they get divorced, it is still wise to have a family law attorney like Kemi King with King Lindsey, P.A. to review your settlement. Even if you agree on everything, you may be giving up important rights to alimony and other assets, one lawyer explained to the Sun Sentinel. Trying to handle a complicated divorce yourself is similar trying to be your own doctor. Essentially, if you have any money or property at all, it’s often in your best interests to have a lawyer take a look at your agreement. Even if you and your spouse agree on everything, a lawyer can make sure that this information is written and filed to the letter of the law. This can save you time when you finalize your divorce in court and it can even save you money in filing fees because your case will be less likely to be dismissed due to errors.

At the end of the day, if you’re not sure about which process to use, it’s a good idea to get advice from a family law attorney in Fort Lauderdale, Florida. Visit the website of King Lindsey, P.A. at www.kinglindsey.com.