Amendments to Divorce Requirements

Florida Further Simplifies Simple Divorce by Removing Notary

Simplified dissolution of marriage, more commonly known as simple divorce, is a process that allows couples to obtain a divorce and, provided that the husband and wife meet certain conditions, the process can be a lot faster than when the couple disagrees about the divorce. For example, a husband and wife filing for simple divorce should have a complete agreement worked out regarding the terms of the dissolution, the couple cannot have any children under 18 or dependent children, and there can be no alimony involved.

One additional requirement relating to a petition for a simplified dissolution of marriage was that both the husband and the spouse were required to have the petition notarized, meaning that each party had to sign the petition in the presence of a deputy clerk in the Clerk’s Office.

The Florida Bar’s Family Law Rules Committee, however, has proposed amendments to Family Law Rule of Procedure Form 12.901(a) regarding the Petition for Simplified Dissolution of Marriage that would remove the requirement that the form be notarized and add a new affirmation statement.

In an Out-of-Cycle Report of the Family Law Rules Committee filed on June 29, 2017, with the Supreme Court of Florida, Chair of the Family Law Rules Committee Laurel Lee and Executive Director of The Florida Bar John F. Harkness, Jr., noted that the amendments to the form 12.901 were approved by the full Committee by a vote of 19-1-0 and by the Executive Committee of The Florida Bar Board of Governors by vote of 13-0-0. 

The Court requested on January 4 that the Committee review whether notarization was required in certain family law forms, and the Committee conducted research analyzing the relevant Florida and Federal statutes and drafted an amendment to Form 12.901(a).

The Florida Bar published a copy of the proposed rules on August 15, 2017, and noted that the Court invites all interested persons to comment on the proposed amendments. Comments on the proposed amendments must be filed electronically via the Florida Courts E-Filing Portal, and comments must be filed on or before September 14. People unable to submit comments electronically may mail or hand-deliver originally signed comments to the Florida Supreme Court's Office of the Clerk.

Fort Lauderdale Divorce Lawyer

Filing for simplified dissolution of marriage allows people to complete the divorce process in a matter of weeks. Simple divorce cases do not involve any other issues for a court to consider besides the marriage, and issues can arise when one party in a divorce contests a proposed allocation of certain assets or liabilities

Some people choose simplified dissolution of marriage petitions simply to avoid hiring attorneys, but an experienced divorce lawyer can actually help ensure that the entire process is completed smoothly and without any unnecessary complications. The Bacchus and Navarro Law Group represents individuals in all types of divorce cases, including simple divorce, contested divorce, and uncontested divorce.

Simple divorce is not an option for all couples in Florida. Cases involving alimony, minor children, or disputes over property will not be eligible.

Bacchus and Navarro Law Group understands the significant stress that divorce can place on the parties involved, and our attorneys work tirelessly to help you find the solutions that will help you achieve the most favorable resolution to your situation.

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