Individuals who are looking to file for a dissolution of marriage in Naples can do so using Form 12.901(a). Form 12.901(a) is for couples who are seeking a simplified divorce and have no minor children together. In order for an individual to file for a simplified divorce in Naples, the Florida Office of the State Courts Administrator states that they must meet the following criteria:
- The party filing for divorce and/or their spouse must have resided in Florida for at least six months prior to them filing.
- The two parties agree that the marriage is irreparable.
- The couple has no minor children together and the wife is not pregnant.
- Certain issues such as the division of assets have been worked out already. This means both parties are in agreement with how assets and debts will be divided.
- Neither party is seeking alimony.
- The filer is “willing to give up [their] right to trial and appeal.”
- Both parties involved are willing to visit the clerk’s office to sign the divorce petition.
- Both parties are willing to attend the final hearing at the same time.
Anyone who doesn’t meet the following criteria will be required to “file a regular petition for dissolution of marriage.” If a couple is filing with no dependent or minor children or property, they will need to file Form 12.901(b)(3). Couples who are filing with no dependent children or minor children but have acquired property together will need to file Form 12.901(b)(2).
For those that do, the form will need to be signed by both parties involved and filed with the clerk of the circuit court in the county where they reside. The individual who resided in the State of Florida for at least six months will need to provide proof of this.
What if a couple has children together?
If an individual is looking to file for divorce and there are minor children involved, they will need to file Form 12.901(b)(1).
Is it necessary to hire a Naples, FL divorce lawyer?
While a person doesn’t necessarily need to retain a divorce attorney if they are looking to file for a dissolution of marriage in Naples, it is a good idea for them to consider doing so. For those who choose to file without legal representation, they will be expected to fill out the required forms themselves and get them filed with the appropriate court.
If the divorce is contested, meaning one or more issues (i.e. division of assets, alimony, etc.) has not been settled, the party who has chosen not to retain a Naples divorce attorney will be expected to have a basic understanding of the laws that govern their case.
Find Out Why It Benefits to Retain Legal Counsel When Going Through a Divorce
Going through a divorce is hard enough but having to figure out the process the court requires a person to follow to successfully file a divorce petition is yet another challenge an individual shouldn’t have to take on alone. For those who aren’t sure whether they need to retain a divorce lawyer or why it benefits them to do so are encouraged to contact The Law Offices of Michael M. Raheb, P.A. to receive a free consultation.
The Law Offices of Michael M. Raheb, P.A. is located at:
3606 Enterprise Ave #358
Naples, FL 34104