Motion to Dismiss Form in Florida: A Guide for Uncontested Divorce

In the state of Florida, couples who are seeking an uncontested divorce can file a motion to dismiss form with the clerk's office. This type of divorce is known as a simplified dissolution of marriage, and it allows couples to dissolve their marriage without going through a lengthy and often costly legal process.

To be eligible for a simplified dissolution of marriage in Florida, both spouses must agree on the terms of the divorce, including the division of assets and liabilities, child custody (if applicable), and spousal support. They must also be willing to give up their right to trial and appeal, and they must not seek financial information beyond what is provided in their financial affidavits.

In addition, both spouses must have lived in Florida for at least six months prior to filing the petition for dissolution of marriage. They must also agree that the marriage cannot be saved and that they are not seeking support from each other.

The benefits of a simplified dissolution of marriage include cost savings, as there is no need to hire an attorney or go through a lengthy legal process. The filing fee for this type of divorce is $408.00, which is non-refundable if the parties wish to reconcile and dismiss the dissolution.

Couples who are interested in filing a motion to dismiss form in Florida can obtain the necessary forms from the clerk's office. They must also be aware that the action becomes public record once it is filed, and the information will be available to the general public.

While it is not necessary to have an attorney to file for a simplified dissolution of marriage, each party may wish to consult with one prior to entering into any agreement or signing any pleading. This can help ensure that their rights are being protected and that they are aware of the legal and tax-related consequences of signing any document.

In conclusion, filing a motion to dismiss form in Florida is a straightforward process that allows couples to dissolve their marriage without going through a lengthy and often costly legal process. However, it is important for both parties to understand the requirements and implications of this type of divorce before moving forward.

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