The Petition for Dissolution of Marriage may be filed with the circuit court in the county where the Petitioner, spouse filing for dissolution, lives. The Respondent, the other spouse, must be notified of the Petition. If the Respondent files an Answer and/or counter petition which disagrees with or denies anything in the Petition, the Petitioner may file a Notice for Trial and proceed with a contested dissolution. The Torch Law Firm will help both parties find a peaceful and positive agreement. Call today.
Final judgment of dissolution of marriage may not be entered until at least 20 days after the date the Petition was filed, unless the court finds that an injustice would result from this delay.
Florida provides for a streamlined, simplified dissolution procedure, if all the following conditions are met.
- Both spouses agree the marriage cannot be saved;
- There are no minor or dependent children of the marriage and the wife is not currently pregnant;
- Both spouses have reached an agreement regarding division of property and debts;
- Neither spouse is seeking alimony;
- Neither spouse requires any financial information other than that which is provided in the court-approved financial affidavits;
- The couple is willing to give up their right to trial and appeal;
- Both spouses are willing to go to the clerk’s office to sign the petition (together or separately); and
- Both spouses are willing to attend a the final hearing.
After filing the appropriate paperwork, the couple will obtain a date and time for a court appearance from the clerk of court. Both spouses must appear together before the judge at this hearing. At that time, if all papers are in order, the judge may grant a final judgment dissolving the marriage under the simplified dissolution of marriage procedures by signing a Final Judgment of Simplified Dissolution of Marriage which needs to be provided by the parties to the divorce.