The Florida Simplified Divorce

The Florida Simplified Divorce

by Amelia E. Pohl, Esq. with Florida Family Law Attorney Denise L. Parrotta

If you are a FLORIDA RESIDENT

WITH NO MINOR CHILDREN

AND NEITHER OF YOU SEEK ALIMONY

AND YOU HAVE AGREED UPON THE DIVISION OF YOUR PROPERTY

THEN THIS BOOK WILL GUIDE YOU THROUGH THE FLORIDA SIMPLIFIED DISSOLUTION (DIVORCE) PROCEDURE.

No boring "how to" explanations. This book tells the story of how an average couple goes through the divorce procedure in the state of Florida. The wife goes to a Florida attorney and the attorney explains:

a How to complete the necessary forms

a How to file the completed forms

a Where to go to file for your divorce

a What to expect when you go to court

a How to complete the process by separating your property

J WE ARE HERE TO HELP

Purchasers of this book may eMAIL questions and/or comments to FLORIDA attorney DENISE L. PARROTTA.: info@eaglepublishing.com

Scroll down to read the first two pages of the book.

Beginning the Process

Agnes was beside herself.

"I’ve had it!! Why have I wasted all that time with Victor? Dating for 6 months. Living together for three years. Married for two years. I should never have married him. My mother said it wouldn’t work out. How I hate to admit that she was right. I left my family and a good paying job in New York to follow Victor to Florida. Good thing we never had children. Time to cut ties. Time to be serious about breaking up."

Her friend, Cindy, empathized. She was herself divorced. Memories of her own breakup were recent enough to make her squirm as she listened to Agnes.

"Why not try a trial separation? A cooling off period before you begin the divorce, to see if this is what you both want."

"No. You know how many times we’ve split before. I don’t know why I let him talk me into getting back together. But it’s always the same thing. The only solution is to get a divorce. "

"Don’t beat up on yourself, Aggie. Sometimes giving up a relationship is like giving up smoking. Sometimes you need to quit several times before making a final break. If you’ve sure this is what you want, then why don’t you see the lawyer I used for my divorce. He’s a Board Certified Marital and Family Law attorney. That means he’s a specialist in Family law, in fact that’s all Paul does. "

Adamant as Agnes was, it took her another several weeks before she was able to muster the courage (and the money) to make an appointment.

Paul wasn’t what Agnes pictured. Pudgy, thinning hair, with deep set eyes that telegraphed an intellectual radar. Fashion wasn’t one of his priorities. His clothes looked as if they were having a battle with his body. Especially his tie which seemed to have a strangle hold on his shirt. He sure didn’t look like the lawyers Agnes saw on TV — but Paul did have a nice smile and that helped.

Agnes wasn’t sure about the divorce "I’m really torn. I think I want a divorce, but maybe I should get an annulment — or just a legal separation for now. Maybe I should just go back to my folks in New York and not do anything."

Paul said "Let’s explore each of these options. Once you know the legal consequences of each of these actions, you may better be able to decide."

Paul explained the difference between a divorce and a dissolution:

Marriage and divorce are regulated by state government. Each state has its own rules and regulations governing how people get married and divorced in that state. In some states the term "divorce" is used to mean the legal separation of a husband and wife, and also to describe a complete end to the marriage. The State of Florida has no legal procedure for the separation of a married couple so the term "dissolution" is used to make it clear that the procedure is for a complete termination of the marriage. Many people use the term "divorce" to mean "dissolution." We will use these terms interchangeably, with the understanding that, when we refer to a "divorce" in the state of Florida, we are referring to a dissolution only.

Each state determines what reason justifies the dissolution of a marriage. Up until the late 1960’s, in order to get a dissolution, most states required one partner to prove that the other was at fault. The usual grounds (basis of the complaint) were adultery, desertion, and extreme cruelty. Since that time most states (including Florida) have passed "No-Fault" statutes whereby a dissolution can be obtained simply on the grounds that the marriage is "irretrievably broken" or that there are "irreconcilable differences." In the state of Florida there are only two grounds for a dissolution: the marriage is irretrievably broken - or - one of the parties is mentally incapacitated. An irretrievably broken marriage is one in which either (or both) spouses are unwilling or unable to live together as husband and wife and there are no prospects for reconciliation.

DISSOLUTION VS. ANNULMENT

A dissolution is the termination of a legal marriage. An annulment is a legal ruling that the marriage never existed. Florida courts will grant an annulment on certain grounds such as bigamy or incest.

DISSOLUTION VS. SEPARATION

A married person does not need permission from the state of Florida to live separately from his/her spouse. If your spouse is your sole means of support, your spouse could agree to continue to support you. If your spouse does not agree, you could sue for Separate Maintenance. You will probably need an attorney to assist you in the procedure. If you are without funds, then you can ask Legal Aid to assist you.

Paul continued "If you decide to leave your spouse and move to another state, then your spouse could start divorce proceedings here in Florida, even though you are not in the state. If he doesn’t and you decide to divorce him in another state, the divorce will be regulated by the rules of that state. New York, has one year residency requirement, so you will need to live in New York for at least one year before you could start divorce proceeding there. If you start divorce proceedings here, and provided there are no delays caused by battles over the division of your property, you could be single person in just a few weeks."