Frequently Asked Questions about Simplified Divorce

What is a simplified divorce?
Simplified Divorce is a simple, inexpensive means of ending a marriage for those couples who meet the eligibility requirements.

What are the requirements for a simplified divorce?
The requirements that must be met in order for a couple to be eligible to file for a simplified divorce are:

• Both parties must agree that the marriage cannot be saved.
• There can be no minor (under age 18) or dependent children of the marriage and the wife cannot be pregnant.
• At least one of the parties to the divorce must have been a resident of the State of Florida for the past six months.
• Both parties to the divorce must mutually agree on how property and debts are to be divided.

Where can we file for a simplified divorce?
A Petition for Simplified Dissolution of Marriage may be filed with the Clerk of Circuit Court's Office at the Okaloosa County Courthouse, 101 E. James Lee Boulevard, Room 210, Crestview, FL or at the Courthouse Annex, 1250 N. Eglin Parkway, Shalimar, FL.

What do we need to bring with us?
You and your spouse must come to the Clerk's Office together and jointly file the paperwork. You will need to bring a form of identification that includes your picture (such as a driver's license). You will need a Certificate of Corroborating Witness. This form is included in the simplified dissolution packet, and can be signed in the presence of a notary. Forms for filing a Petition for Simplified Dissolution of Marriage are available in the Clerk's Office for a fee of $5.85.

Do we have to have an attorney?
An attorney is not required with the simplified dissolution procedure. If you or your spouse have any doubt in your mind regarding legal questions, you should consult with an attorney prior to filing for a Simplified Dissolution of Marriage.

What does it cost to file for a simplified divorce?
Click Here to see the latest Filing Fees

How long will it take for our divorce to become final?
A hearing to finalize your divorce will be scheduled at the earliest possible date dependent upon the court's schedule. There is a mandatory twenty day waiting period before a hearing can be held. You and your spouse must both appear before the court on the scheduled hearing date.

What happens after the judge signs the Final Judgment?
The Final Judgment is forwarded to the Clerk's Office for permanent filing.

Can we change our mind after we have filed for a Simplified Dissolution of Marriage?
If, after filing for a Simplified Dissolution of Marriage, you believe your marriage can be saved and the divorce avoided, you and your spouse may file a Motion to Dismiss the Petition for Simplified Dissolution of Marriage. Both parties are required to come into the Clerk's Office and both must sign a Voluntary Dismissal to dismiss the case.

Do we have to file for a divorce in the county where we reside?
No. If either you or your spouse has met the residence requirement of residing in the State of Florida for at least the past six months, you may file in any county within the state. If there is any doubt in your mind or your spouse's concerning a legal question about either your right to divorce or any property rights or tax consequences, it is strongly recommended that the services of an attorney be obtained. If you do not know an attorney, you should contact the Lawyer Referral Service listed in the Yellow Pages of the telephone book. If you are financially unable to afford the service of an attorney, you should contact the Legal Aid Office in your area or ask your local bar association for a referral to an appropriate person or agency.