Friday, May 10, 2013

3 Requirements for using the Florida Simplified Divorce Surgical procedures


Florida created the Listed Dissolution of Marriage proceeding to help people representing themselves in Divorces. You can use this type of case in situations where:

1. You do not have children and the wife is not any currently pregnant AND

2. You have a written agreement to divide your belongings AND

3. Both of you sign the petition and peruse at the court for ones final hearing

If you accomplish these 3 requirements, you should use the Simplified Petition (Form 901(a))

If two of you cannot attend the definitive hearing, you cannot utilize Simplified procedures. If have even children, you cannot utilize Simplified procedure. If luckily dispute about property, it's not possible to use the Simplified methods. In any of subsequent situations, you will have to use the regular procedure and then the regular petition.

The biggest benefit of using the Simplified Petition is that you can be able to avoid the requirement to file a Financial Affidavit. A recent decision from West palm beach allowed the parties generate waive the Financial Affidavit requirement with a written agreement signed by all parties. In their waiver consent, the parties said they already divided their property, both believed the form was fair and equitable and that they waived the Financial Affidavit submitting requirement. Despite the guidance requiring Financial Affidavits turn out to be filed, the divorcing couple was able to Divorce without them during that agreed to the waiver written and filed it with the court.

If you are not allowed use the Simplified movement, don't despair. If the two of you are in agreement, you are able to have an Uncontested Divorce. You'll just have to file the regular Case and Financial Affidavits.

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