Are You Eligible for a Simplified Proceeding?

To help people representing themselves in divorces, Florida created the Simplified Dissolution of Marriage proceeding. You can use this type of case if:

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

You have a written agreement to divide your property AND

Both of you sign the petition and appear at court.

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

The biggest benefit to a simplified proceeding is that you may not have to file Financial Affidavits!

A recent decision from West Palm Beach allowed the parties to waive the Financial Affidavit requirement in a written agreement signed by both parties. In their waiver agreement, the parties said they already divided their property, both believed the division was fair and equitable and that they waived the Financial Affidavit filing requirement. Despite the rule requiring Financial Affidavits be filed, they were able to divorce without them because they agreed to the waiver in writing and filed it with the court.

To read the decision, go to the Opinions link at www.4dca.org and search for case number 4D07-380.