How to Get a Divorce Immediately in Florida: Simplified Marriage Dissolution

You’ve reached a point where your marriage feels irreparably broken, and the idea of staying together is more painful than the thought of separation. You wonder, “How can I get divorced immediately?”

The truth is, while the urge to expedite the process might be strong, rushing into a divorce without understanding the legal requirements and potential nuances can backfire. Divorce timelines can vary significantly depending on whether the split is contested or uncontested.

Rushing through these decisions can lead to costly mistakes or oversights that may haunt you down the line. But for those with no children from the marriage nor disagreements regarding asset division, a simplified dissolution may be an option worth considering.

What is Simplified Dissolution of Marriage in Florida?

In Florida, there is an easier way to get divorced called a “simplified dissolution of marriage.” It’s straightforward for couples who meet the following criteria:

• The marriage is irretrievably broken
• Neither party has any minor or dependent children from the relationship, and the wife is not pregnant
• Both spouses underwent a disclosure of income, assets, and liabilities
• Both have agreed on how all assets and obligations will be divided
• Neither side is seeking alimony/spousal support from the other
• Both give up their respective rights to financial claims and a formal divorce trial
• Both are willing to sign the petition and waivers In essence, it’s an uncontested divorce process reserved solely for couples whose split is uncomplicated from a legal standpoint. All major points of contention ( money, property) have been mutually resolved beforehand.

At Vollrath Law, we help clients navigate this entire process – from evaluating whether they qualify to ensuring all assets/debts are agreed upon and disclosed from the start. Having an attorney’s guidance can be the difference between a smooth, streamlined proceeding and facing unpleasant surprises or deficiencies down the road.

After all, once the judgment is signed and entered by a Florida judge, it’s extremely difficult to modify it if any issues were overlooked earlier.

The Step-by-Step Simplified Divorce Process

For those who legitimately qualify after reviewing their situation with legal counsel, the Florida simplified dissolution procedure involves the following steps:

1. Filing the Initial Petition One or both spouses file a Petition for Simplified Dissolution of Marriage with the circuit court clerk’s office. Specific forms with financial disclosures are submitted documenting compliance with the qualifying criteria.
2. Proving Residency The filing spouse(s) must establish at least one of them has been a continuous Florida resident for longer than six months preceding the dissolution filing per statutory requirements.
3. Financial Disclosures Statutorily approved forms require each spouse to disclose all assets, income sources, and debts/liabilities to establish a comprehensive marital estate and net worth.
4. Final Judgment Submission The proposed final judgment is submitted to the judge for his or her consideration. Some judges will require a hearing prior to executing the Final Judgment
5. The Judgment is Entered Once the final judgment is signed and filed, the simplified dissolution is officially granted, and the marriage is terminated as a matter of law.

The simplified dissolution process moves much faster than traditional divorces. While it still doesn’t technically qualify as “getting divorced immediately,” for qualified couples, it can sometimes take just a few weeks rather than months or years to get a final judgment.

Key Issues to Agree On for an Uncontested Divorce

Ultimately, for a simplified Florida divorce, you and your spouse must agree on how to divide your property and debts fairly between you. This is called “equitable distribution.” By agreeing to an equitable split, you are both certifying that you believe the way you are dividing assets and debts is fair to each of you and that neither of you is being forced into it.

To satisfy this equitable distribution burden, the initial paperwork filed with the court must specify:

• All assets either spouse currently owns or has any interest in, no matter how titled (joint accounts, retirement funds, properties, vehicles, investments, business interests, etc.)
• All liabilities for which either spouse is currently obligated in any way (mortgages, auto loans, credit card balances, tax obligations, other judgments or debts)

Failure to fully disclose all assets, income, and debts in the sworn financial affidavits could constitute perjury and fraud. These omissions could be considered lying under oath (perjury) and fraud. If you don’t disclose everything, the divorce judgment could be canceled or overturned later on.

In addition to agreeing on how to divide property and debts, you also have to confirm that neither spouse will pay alimony (spousal support) to the other. Once these agreements are made, they are final. That’s why you should never try to handle it alone without first talking to an experienced Florida divorce lawyer.

Trying to handle a divorce yourself—contested or uncontested– risks making agreements you may regret later. Our attorneys can help ensure the agreements are truly fair.

When Simplified Dissolution Isn’t An Option

While a streamlined divorce may seem ideal, there are some situations where it just isn’t possible under Florida law. These include:

There Are Dependent Children Involved

If the couple has any children under 18 years old or any children with a disability, a simplified dissolution cannot address mandatory child support/custody issues. A regular dissolution action is required.

The Wife is Currently Pregnant

For obvious reasons, the simplified process cannot be used if the wife is pregnant from the marriage at the time of filing or a dependent child could be born shortly after.

The Parties Cannot Agree on Asset/Debt Division

If the two spouses have not already mutually agreed on completely dividing up their marital assets and liabilities, a simplified dissolution is not an option. This is an uncontested requirement.

One Side is Pursuing Alimony/Support Claims

As discussed earlier, a simplified dissolution prohibits either spouse from requesting alimony or spousal support of any kind moving forward. If one party seeks support, they cannot use this expedited process.

Having a Florida divorce attorney evaluate whether the simplified dissolution is truly your best option can ensure all factors are reviewed before signing binding agreements.

Protecting Your Future Means Proper Divorce Planning

Divorce brings major life changes. At Vollrath Law, our Florida attorneys ensure you understand the best path – whether that’s a streamlined, simplified dissolution or a traditional divorce process for more complex situations involving kids, assets disputes, or spousal support claims.

If the simplified route is viable based on your circumstances, we’ll meticulously guide you through proper asset disclosures and ensure a truly fair, enforceable outcome without surprises. For cases requiring the traditional approach, we protect your rights, finances, and family interests.

No matter the divorce avenue, having an experienced attorney provides invaluable advantages. Consult our team to evaluate your unique situation and move confidently forward.