How To File For Dissolution Of Marriage In Florida?

DIY Florida offers legal documents for couples to create and file electronically or by hand at their local clerk of court office. There are two ways to file in a Florida court for a dissolution of marriage: the “Regular Dissolution of Marriage” and the “Simplified Dissolution of Marriage.” To file for a simplified dissolution, you and/or your spouse must have lived in Florida for at least six months before filing for a dissolution. If you and your spouse agree on all issues and can both attend the hearing, you may want to file a petition for simplified dissolution of marriage, Florida Family Law Rules of Procedure Form 12.901(a).

To obtain a Simplified Dissolution of Marriage in Florida, you must prepare the necessary forms from the Florida State Courts website or your local courthouse. The process generally includes obtaining the necessary forms, signing, notarizing, and making copies of the documents, getting to the court, and gathering copies of the papers you filed and the forms you are required to serve. A hearing to finalize the divorce will be scheduled at the earliest possible date, with a mandatory 30-day waiting period before a hearing can be held.

The minimum cost for a divorce in Florida is $408. In addition to this base filing fee, you will likely also need to file and answer any questions about your situation.

Can you get a divorce without going to court in Florida?

Can you get a divorce in Florida without going to court? The answer is no, except for uncontested dissolution. You have to be in court for your divorce. In all Florida divorce cases, at least one spouse must appear in court. In most cases, both spouses must be present. However, if your divorce is uncontested and you need a standard uncontested dissolution, you may not need to go to court. Here are a few things to know about each type of divorce. Contested Divorce. If you and your spouse disagree on the main issues, your divorce is contested. The most common disagreements during divorce are about assets, debts, alimony, child support, and child custody. In a contested divorce, the court decides these issues and both parties must be present.

What documents do I need to file for divorce in Florida?

To get divorced in Florida, you need to file a petition. The first spouse to file for divorce must submit a petition. … A counterpetition. … A financial affidavit. … A plan for parenting. Divorce is complicated because it is an emotional process with lots of legal forms to fill out. It’s important to consult a divorce lawyer to start the divorce process. The complexity of a divorce depends on whether the parties want a contested or uncontested divorce. If you are in a contested divorce, you need to gather more documents than in an uncontested divorce. If a divorce involves children, assets, or many disputed issues, the parties must prepare more documents before their divorce is finalised.

How much does it cost to file a dissolution of marriage in Florida?

Basic costs. The fee to file for divorce in Florida is $409. The Clerk of Court will also charge $10 to issue the summons so that a process server or deputy can serve the other party. The Clerk of Court also charges a $5 fee for paying the filing fees electronically. The summons is used to serve the other party in Florida. The cost of the process server depends on who is used. A private company will usually charge between $30 and $40 for local service of process, while the sheriff’s office normally charges $40. The sheriff’s office needs a certified copy of the pleadings to serve the documents. Don’t believe law firms or signs on the street that say a divorce will only cost $399. The filing fees for a divorce are about $449. Divorce is expensive. If you already got a divorce and want to change it or make it final, the fee is about $50. If you are filing a supplemental petition for modification, you will need a summons ($10) to be served on the other party. If you’re filing a motion for contempt or to enforce the final judgment, you don’t need a summons. It is wise to have the motion served by a licensed process server on the opposing party.

Overview of Attorney Fees. Divorce or post-judgment enforcement can be expensive. Hiring an attorney is an investment, so be realistic. You need to think about the big picture and the savings you make by having a good lawyer. An attorney can help you avoid making bad financial decisions during a divorce.

Can you get a divorce in FL without a lawyer?

Filing for Divorce Without an Attorney. Divorce is often seen as a long, legal battle. However, divorces can be done without attorneys if both parties agree. Simplified Divorce. Florida divorce law has a process called Simplified Dissolution of Marriage. This process allows couples to get a quick divorce in about 30 days. They must agree on the terms and it must be uncontested. This has some requirements. Both parties must agree to this process. The couple must not have children under 18 or dependent children. The wife must not be pregnant. No alimony can be involved. At least one person must have lived in Florida for six months and both must agree to the divorce and that the marriage is over. This process also stops both parties from having a trial or appeals.

Qualifications for Divorce. First, make sure your marriage qualifies for divorce in Florida. The state has removed fault as a reason for divorce. It must be proven that the marriage is irretrievably broken, but fault can still be used in dividing assets and assigning alimony if the divorce goes to court. If so, you’ll need an attorney to help you through the legal process. To avoid attorneys and fees, both parties must agree the marriage is broken and cannot be fixed. You must prove the marriage exists and that at least one party has lived in Florida for six months.

Can you get a divorce without the other person signing in Florida?

In Florida, you can’t be forced to stay married. In Florida, you don’t need your spouse’s agreement to get divorced. Even if your spouse doesn’t cooperate, you can still file for a no-fault divorce. In Florida, a broken marriage is a valid reason for divorce. If you can prove the marriage is broken, you can get a divorce without your spouse’s signature.

A spouse might not sign the divorce papers for many reasons. Each reason can present a different challenge. Sometimes, the spouse won’t cooperate. They may resist, so you’ll need a skillful approach that balances flexibility and firmness. In other cases, the spouse may be missing. Your Florida divorce lawyer will need to follow special procedures to get the court to hear the case. An uncontested divorce saves time, money, and frustration. If a spouse won’t sign the divorce papers, it will take longer and be more complex. But the missing signature won’t stop it. The person filing for divorce files the petition in court and serves papers on the other spouse. If they don’t respond, the court may grant a judgment. It’s basically an uncontested divorce because the other spouse didn’t contest it.

Can you get divorce in Florida without going to court?

If you and your spouse are divorcing and disagree about money or child custody, you will go to court. This is a contested divorce. There are other options. Florida has two kinds of uncontested divorce: standard and simple. There is also a third procedure called Petition of Dissolution. In an uncontested divorce, both spouses must appear in court. In a Petition of Dissolution, only one spouse must appear. The Law Offices of Travis R. Walker can help you with your divorce in Florida. A court appearance is scary for anyone. A lawyer can help you protect your finances and the finances of your children, which can make a big difference in a stressful time.

If spouses can’t agree on divorce, a judge decides. The spouses must be in court with their lawyers. A divorce is contested when spouses disagree on key issues.

What is the 7 year divorce rule in Florida?

What is the 7-year divorce rule in Florida? Like other places, Florida has a general guideline for judges to use when making financial decisions. Many Florida courts use a “7-year” rule when deciding divorce cases. A long marriage lasts more than seven years, while a short marriage lasts less than seven years. The longer a marriage lasts, the more assets and property the couple will have. A judge must consider the length of the marriage when deciding alimony or child support. These other factors include:

Earning capacity – The court looks at how much money each person makes now and might make in the future. This includes things like their education, skills, work history, and job prospects. The court also checks who owns what stuff and how they got it. This means figuring out if they got things before or during the marriage and if they got anything as a gift or inheritance. This helps make sure no one takes advantage. Family duties – The court recognizes family connections, especially if there are kids. This affects who takes care of the children and who pays for their needs. The court looks at how taxes might change for each person. This includes taxes on selling property and changes in tax rules after the divorce.

Can you get divorced in Florida without going to court?

If you and your spouse are divorcing and disagree about money or child custody, you will go to court. This is a contested divorce. There are other options. Florida has two kinds of uncontested divorce: standard and simple. There is also a third procedure called Petition of Dissolution. In an uncontested divorce, both spouses must appear in court. In a Petition of Dissolution, only one spouse must appear. The Law Offices of Travis R. Walker can help you with your divorce in Florida. A court appearance is scary for anyone. A lawyer can help you protect your finances and the finances of your children, which can make a big difference in a stressful time.

If spouses can’t agree on divorce, a judge decides. The spouses must be in court with their lawyers. A divorce is contested when spouses disagree on key issues.

How do I start a dissolution of marriage in Florida?

Dissolution of Marriage. STARTING THE COURT PROCEEDING. The regular dissolution process starts with a petition for divorce filed with the circuit court in the county where you and your spouse lived together or in a county where either of you lives. Either spouse can file for a divorce. The petitioner must say that the marriage is over. The petition explains what the petitioner wants from the court. The other spouse must file an answer within 20 days. It must address the matters in the initial petition. The spouse can also file a counter-petition for dissolution of marriage.

AUTOMATIC FINANCIAL DISCLOSURE. The court says each party must give the other certain financial documents and a completed financial affidavit within 45 days of the petition being served or before a temporary hearing. Not providing this information can result in the court dismissing the case or not considering that party’s requests. The court can change these rules, but not the financial affidavit. A child support worksheet must be filed with the court before any hearing on child support. This requirement cannot be waived.

Mediation. Mediation helps you and your spouse work out an agreement without a trial. Its purpose is to help divorcing spouses reach an agreement. Many counties have mediation services. Some counties require mediation before a final hearing can be set. Learn more about mediation on the Florida Courts website.