How does a uncontested divorce work in Florida?

Spread the love

In an uncontested divorce, the parties agree on the terms of the divorce prior to filing the case. Florida is a “no-fault” state, therefore; you won’t have to provide evidence of adultery or abuse for a divorce. Florida law only requires you to allege the marriage is irretrievably broken.

How long does it take to get a uncontested divorce in Florida?

An uncontested divorce in Florida may range from four to six weeks. Spouses eligible for an uncontested divorce must agree to every detail of the dissolution of marriage, including: Child support. Parenting plans.

Do I have to go to court for uncontested divorce in Florida?

In a Florida uncontested divorce, the attorney draws up a Marital Settlement Agreement which the parties sign. And the parties then go to Court for a very short final hearing. (It is usually not necessary for both parties to attend the final hearing.)

How long does it take to get a divorce if both parties agree in Florida?

The short answer to the question of how long your Florida divorce will take is that an uncontested Florida divorce generally takes about 3 months while the “average” contested Florida divorce generally takes about a year, but can take as long as two years, or, in extreme circumstances even longer.

What happens at an uncontested divorce hearing?

Once you have answered basic questions about your divorce agreement, the judge will ask you to state the reason for the divorce, known as a “cause of action.” During the hearing, the court will also ask you to confirm the date and place of your marriage, the names and birth/adoption dates of any children, living …

How soon after a divorce can you remarry in Florida?

If noticed that we didn’t include a waiting period for remarrying after a divorce, that wasn’t a mistake.In Florida, there is no such waiting period to remarry after a divorce. There is, however, a mandatory three-day waiting period after a license is issued that must pass before two people can get married.

How much does a simplified divorce cost in Florida?

After your spouse has read the information and all of your forms are complete, both you and your spouse can file for the simplified divorce and pay the required filing fee. It costs $409.00 to file your petition but you may qualify for a payment plan if you are indigent.

What is the cheapest way to get a divorce in Florida?

Divorce in Mutual Agreement Filing for a divorce in mutual agreement is always cheaper. This avoids having to hire a process server or sheriff to serve the divorce papers to your spouse. You will also save on court mandated mediation, hiring an attorney and maybe even having to pay for their legal fees.

What are the five stages of divorce?

  • There are two processes in divorce.
  • Denial is the first stage of divorce.
  • Anger is the second stage of divorce.
  • Bargaining is the third stage of divorce.
  • Depression is the fourth stage of divorce.
  • Acceptance is the fifth stage of divorce.

What is the cost of an uncontested divorce in Florida?

The cost of uncontested divorce in Florida is: Under $500 if you complete the paperwork yourself and file without a lawyer. Under $650 if you get online help with the paperwork and filing instructions to file without an attorney. Around $3,000-$5,000 if a lawyer takes care of everything.

What is the average cost of a divorce in Florida?

According to a 2020 study by 24/7 Tempo, the average cost of a divorce without children in Florida is $13,500, and over $20,000 for divorces with children.

Can you get divorced in Florida without an attorney?

You are not required to have a lawyer to get a divorce in Florida. However, if you have questions about your case, or you and your spouse do not agree on the divorce, then you need to talk to a lawyer. You may also want to consult a lawyer to review your documents before you move forward.

What is wife entitled to in divorce in Florida?

When a married couple files for divorce in Florida, there will be an “equitable distribution” or the division of marital assets and liabilities. See Florida divorce law 61.075. Usually, the court will divide marital assets and liabilities 50/50 unless there are factors that would make an equal split inequitable.

What does a judge consider in a divorce?

The court will look at meeting the needs of both parties, including ensuring their housing and income needs are met. If these needs are met from the available assets and there is a surplus, the court may consider the origin of certain assets in deciding how the remainder is divided.

What happens after divorce papers are served in Florida?

As mentioned earlier, you have 20 days to respond to your spouse’s petition for divorce. If you do not respond within 20 days, your divorce case may proceed towards a default divorce. You should focus on protecting your legal rights after being served with divorce papers in Florida.

How long does it take to get a divorce if both parties agree?

On average the divorce usually takes between six and nine months. It is however very common to delay applying for the Decree Absolute until the financial issues have been resolved.

How long does uncontested divorce take?

An uncontested divorce is a relatively quick and cost-effective way of divorcing. From lodging the divorce petition with the court until receipt of your decree absolute, an uncontested divorce takes about four to five months.

What is uncontested divorce mean?

An uncontested divorce means that both spouses agree on all of their divorce-related issues. Each state has specific legal requirements that spouses must meet before they can proceed with an uncontested divorce.

Do I need proof of divorce to remarry in Florida?

You’ll need to present your divorce decree or certificate of dissolution from your previous marriage. If you no longer have a copy, your lawyer can order you another one.

Can I get married while my divorce is in process Florida?

At what point during the divorce process can a spouse remarry or start dating in Florida? You must wait until the court enters a Final Judgment of Dissolution of Marriage before you can remarry. There are no Florida laws regarding when you can start dating.

Can you date while separated in Florida?

Yes, dating while separated is not unlawful in Florida, but just because it is not prohibited does not necessarily make it a good idea to start seeing other people soon after the divorce papers are filed.

Is online divorce legal in Florida?

Florida divorce online. The Florida court system has the e-filing portal where Floridians can file their divorce papers online without having to go to the family law court. No-court divorce hearing.

Can You Do Your Own divorce in Florida?

In Florida, the law does not allow you to complete the service on your own. You are required to hire someone to serve divorce papers. This can be either a sheriff or a process server, and the fees for their services will vary depending on the county.

How much does a mutual divorce cost in Florida?

The cost of a divorce in Florida can range from less than $500.00 to over $100,000.00. If the husband and wife agree on all issues, don’t use lawyers and prepare their own paper work, then the divorce will cost $408.00, which is the clerk’s filing fee.

What forms do I need to file for a divorce in Florida?

  • Petition for Simplified Dissolution of Marriage (Form 12.901(a)).
  • Family Law Financial Affidavit.
  • Marital Settlement Agreement for Simplified Dissolution of Marriage (Form 12.902(f)(3)).
Do NOT follow this link or you will be banned from the site!