Which Divorce Form Is Best

by Anonymous from Florida

I have been married for 11 months and requesting a divorce from my husband.

We have no property or children together. I am confused as to which form to use.

Simplified Dissolution of Marriage - Uncontested or Dissolution of Marriage No Property or Children?

He also signed a pre-nup before we got married. What would be the best form to use? How much are filing fees and court costs?

Answer to Florida Divorce Question

Dear Anonymous,

As crazy as it sounds, the simplified is more complicated than the regular dissolution process.

I suggest to use the Petition for Dissolution of Marriage with No Property and No Children, Form 12.901(b)(3).

As the instructions for this form states, with a simplified dissolution you are required to file a Marital Settlement Agreement, and both parties must attend the final hearing together.

In the Dissolution with No Property and No Children, only the Petitioner needs to attend the final hearing, and an MSA is not mandatory.

The Respondent, your spouse, assuming you are the one who files the Petition, can file an Answer, Waiver, and Request for Final Judgment, Form 12.903(a) and do nothing else.

Filing fees are the about the same regardless of which process you choose – around $408.00. Some counties or circuits add on an extra dollar or two as a local tax.

I'm assuming that your prenuptial agreement has to do with property. If your property has already been divided, or you don't have any property to divide, the Petition for Dissolution of Marriage No Property and No Children is fine.

It is only when property is in dispute; or when there is property that one of you claims or owns which is not in that person's possession that you must use the forms for Dissolution of Marriage with Property, Form 12.901(b)(2).

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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