For couples who are divorcing and who meet the eligibility requirements established by your state (usually having no children and minimal property or assets), the modern process of divorce, so-called “simplification” or divorce “simplified” (or dissolution) may be an option. Below we discuss the advantages of the process to simplify a divorce and the requirements typical of eligibility that couples must meet in order to be able to simplify the divorce.
Divorce simplified vs. Traditional divorce
Divorce simplified the process of dissolution, the method is simpler (and usually faster) to end a marriage. Compared specifically with the formal process of divorce, the simplified process/dissolution involves the following in most cases:
- Less paperwork. For example, submissions to the court and written agreements;
- Less presence in the court. Some states only require that you submit certain documents to the court, including the “petition for divorce/dissolution” signed by both parties;
- Less time. The same that is usually dedicated to the negotiations, as the majority of states do not require a dispute (or early resolution) on issues such as the division of property.
Requirements for divorce simplified
Most states offer some form of divorce simplified to couples that comply with the requirements. Although these requirements vary from state to state, typically, are the following:
- That the couple has been married for a relatively short time (usually 5 years or less);
- That the couple does not have minor children (natural or adoptive);
- That the couple does not have any significant property, (for example a home mortgage);
- The total value of the community property is less than a certain amount (usually between $25,000 and $35,000, this does not include the value of any vehicle);
- The total value of the separate property of the spouses is less than a certain amount (more or less the same amount established in the previous paragraph to the joint property);
- The spouses waive any right to spousal support.
In some states, even when the couple has children or a significant amount of material goods (property, bank accounts, stocks, trading, etc), you can take advantage of the divorce simplified if, as part of the documents sent to the court, send a written proof that they have already solved the key issues. For example, a couple who want to divorce simplified can make a written agreement on the acceptable division of the property, where they both promise to waive the rights to spousal support and agree to establish a sum for the maintenance of the children. The couple you can send this written agreement as part of the divorce petition simplified.
If you want to get an idea of how are the documents that must be submitted to the court for a divorce simplified (often called request) click here and you will see the joint petition for divorce simplified. You can also press the links below, which show some specific examples for state or blank forms of the certificates of divorce, simplified:
- California: joint petition for divorce simplified [PDF] (California Courts).
- Minnesota joint petition for dissolution simplified of marriage [PDF] (Judicial branch of Minnesota).
- Nebraska: Act for the dissolution of marriage [PDF] (Judicial branch Nebraska).