In Florida there is a difference between a Simplified Dissolution Proceeding and an Uncontested Final Hearing. In an uncontested divorce one party has filed a petition and the other party has filed an answer. A simplified dissolution is where the parties file a joint sworn petition that there are no minor children and the wife is not now pregnant; the parties have agreed on the equitable distribution of property and debts; and any other facts set forth in the petition are true.
Several important factors in a simplified dissolution of marriage are as follows:
1) Both parties must appear at the final hearing;
2) Financial affidavits do no have to be filed if the parties wish to waive the requirement;
3) The parties do not have to make the waiver in writing;
4) Mandatory disclosure does not apply; and
5) The marital settlement agreement must be filed.
Simplified dissolutions are designed for married couples to handle themselves. However, there are a lot of important rights and responsibilities involved in getting divorced. It is always a good idea, even in a simplified dissolution, to consult an attorney prior to signing a settlement agreement. These agreements are binding and not easily altered once a judge enters a final order.
If you have questions regarding a simplified dissolution of marriage, consult a Florida Family Law Attorney.