A Simplified Florida Divorce Guide

It is a fact that divorce rates across the country have been steadily rising for years. Over 50% of marriages in the U.S. will end in divorce. This can be a frustrating and difficult time in anyone's life, but also it can be a time of renewal and celebration. Of course, the determination of the mood can be largely affected by the mutuality of the divorce. In Florida, an uncontested divorce is a rather simple procedure that requires only a small investment of fees and time.

The best and most practical way to handle a divorce is, first of all, to be an adult about it. If all attempts at reconciliation have failed, you must come to terms with the reality of the situation. Your partner should be confronted in a non-hostile manner and the situation approached as business contract. When conducting business, you are usually in an emotionally neutral mood for all intents and purposes. Your true feelings can be kept in check for the duration of the procedure.

According to the Clerk of Courts, Miami-Dade County, the requirements for an uncontested, or simplified divorce, are as follows:

1. There must be no minor or dependent children together and the wife must not be pregnant. If you have minor children together, a regular divorce must be filed. Please see my article on filing a regular divorce for more details.

2. Division of property must be decided upon before-hand. You and your spouse will both be required to complete and sign an official property division agreement unless you are claiming that there is no property to divide. If you claim that you have no property to divide, then ownership automatically passes to whoever is in possession. This property division is not only for assets, but liabilities as well. All debts can be settled on the same document.

3. You and your spouse must appear together to file the petition and County courthouse. For Miami-Dade County the address is: 175 NW First Avenue, Suite # 1200, Miami, Florida 33128. You will both be required to present valid photo identification. You will want the identification to show that either you or your spouse has been a resident of Florida for at least the past 6 months. If neither of you have lived in Florida for 6 months, you will be required to file in your previous State of residence or wait until you have reached the residency requirement. An affidavit of a supporting witness is asked of you to confirm your residency. This is a one-page document that is signed by a witness in front of a notary public and can be completed in the time after filing and before the final hearing. The witness must be a resident of Florida.

4. Both parties must appear together at a final hearing set before a judge usually within 30 days. The time and date will be set at the time of filing.

5. A fee in the amount of $409 must be paid at the time of filing. The only other fee will be a $15 court reporter fee, cash only, at the time of the hearing.

The reality of the matter, in my experience, was much simpler than even the requirements led me to believe. I appeared with my wife in at the Courthouse and proceeded to the 12^th Floor. There was a short line of people at a row of windows, but you will be asked to enter a small room just before the windows. A clerk will greet you and ask you to complete the necessary forms if you have not done so already. When the forms are complete, you will wait as it is all entered into the computer. You will pay the filing fee and receive a receipt. After this, the clerk will call downstairs to receive the appointment time and date. Although told it would take 30 days, my appointment was set for the following week, 7 days total.

At the hearing, be sure to show up at least 5 minutes early. You will sign in and be given a number. As you sign in you will be asked to pay the $15 court reporter fee. You will then be called in to the courtroom, as a group, with up to 30 others. One-by-one, each case will be called and resolved usually in less than 5 minutes each. My total time at the courthouse was one and one-half hours.

After you appear before the judge, you must wait outside the court for your final divorce papers. A clerk will wait until 5-8 cases have been finalized and call you together to follow her to the documentation center. The first two copies of your divorce papers are free. If you lose them, you must pay a fee.

A Florida Simplified Divorce is just that. Simple and easy as long as you and your spouse are mature enough to take care of the division of property yourselves in a civil manner.