Q: Myself and my spouse are filing for divorce. Are we qualified for a Simplified Dissolution of Marriage in Marion County?
The original plan was for both of us to file the forms for a Simplified Dissolution of Marriage, and end the relationship amicably. Early on, my spouse became paranoid that I would somehow trick her out of money, and hired a divorce lawyer.
This divorce lawyer has since told my spouse that we do not qualify for a Simplified Dissolution of Marriage, due to us having shared marital debt and assets. As such, this lawyer is now requiring we both submit a detailed asset and debt form to her before she will give my spouse or I a contract for divorce.
I have read through the Simplified Dissolution of Marriage forms, and cannot find anywhere barring us from this option based on having shared marital debt or assets. Myself and my spouse have already split our possessions, and agreed on how to handle the debt and assets. We have no children, and have both lived in Florida for years.
I believe we still qualify. Does us having shared marital debt/assets prevent us from filing this way?
A: "Simplified" does mean no assets or liabilities but you can still pursue a regular divorce. The lawyer wants to make sure that you have each disclosed all of your assets and liabilities and is probably requesting that you complete a financial affidavit so that there is some evidence of the disclosure.
A:
The process for filing a simplified dissolution of marriage can be relatively simple and quick. However, the following criteria must be met in order to be eligible for a simplified divorce filing:
No minor children together and the wife is not pregnant
The couple has agreed on how assets, debt and property will be divided
No alimony being sought by either spouse
You both are willing to give up your right to a trial and an appeal
That said, the issue is not whether you have shared marital debt, but that you have both AGREED (emphasis added) on how the debt will be divided.
With this in mind, I believe you qualify for a simplified dissolution of marriage.
I hope this helps. Good luck.
1 user found this answer helpful
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