Under Florida divorce law, all marital property is subject to an equitable distribution. Typically, the court will divide marital property 50/50, unless there are reasons why an equal split would be inequitable (unfair).
Do I need a lawyer for an uncontested divorce in Florida?
An Uncontested Divorce Can Be Done With or Without an Attorney. In an uncontested of divorce both parties have agreed on all of its terms, which are: the distribution of property, time-sharing custody, child support and any alimony. And it can be done with or without an attorney.
How much does an uncontested divorce cost in Florida?
In general, when working with a lawyer to help you, you should expect your uncontested divorce to cost somewhere between $1,500 and $5000. The lawyer you choose may or may not include the Clerk of Court required filing fee.
How long does a uncontested divorce take 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.
How do I get a free divorce lawyer in Florida?
If you have a civil legal problem but cannot afford to hire a private lawyer, you still may have access to the legal system through your local legal services-legal aid organization which provides free or low cost legal services to persons with low incomes.
Can a judge deny a divorce in Florida?
Judges Can Deny a Divorce Due to the fact that Florida is governed by no-fault divorce laws, a judge cannot consider fault when deciding whether to grant a divorce. However, they may in very rare instances deny a divorce.
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 …
Can you get divorced in Florida without going to court?
Florida divorce law provides a process called a ‘Simplified Dissolution of Marriage. ‘ Couples can use this to get a quick divorce, about 30 days from filing to finalization, as long as they have complete agreement on the terms of the divorce and it’s uncontested.
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.
Can you get divorced in one day in Florida?
There is no requirement to do so the same day; in fact, you have 10 days from the day we file your case to go to court and get divorced.
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.
Can I divorce without going to court?
Divorce without court is exactly what it sounds like. There are ways to divorce without ever setting foot in a courtroom. Typically you’ll choose from one of three options: 1) collaborative divorce, 2) mediation, or 3) uncontested divorce.
Can I get married while my divorce is in process?
It’s important that you make sure your divorce has been finalised before you marry again. It is against the law to marry someone if your previous marriage is not legally over, and so if you do remarry immediately it is possible that you could be committing a crime.
What is the average retainer fee for a divorce lawyer in Florida?
The retainer is usually between $2,000 and $5,000. Usually, more than one retainer is needed for a contested divorce or a divorce with multiple issues that need to be figured out. If the case goes to trial, you can expect to pay an even larger retainer for the trial preparation and court appearance.
Do I have to pay for my spouse’s divorce lawyer in Florida?
As a rule of thumb, the more contentious the divorce case, the more your attorney will charge you. Fortunately, however, Florida law allows spouses to make their spouse pay their divorce attorney’s fees.
Is it illegal to date while going through a divorce Florida?
In Florida, there is nothing that legally prohibits spouses from dating during the divorce process. So, to the question “can I date during my divorce?”, the answer is “yes”.
Can you date before divorce is final Florida?
Although dating while separated is not illegal in Florida, doing so may not be a good idea. While dating during a divorce is not illegal in Florida, choosing to date while a divorce pending is not a decision that can be made lightly.
What happens when one spouse doesn’t want a divorce in Florida?
In Florida, as with many states, if your spouse files for divorce (called a “Petition for Dissolution of Marriage”) but you don’t want it, you can’t stop the divorce from happening. You can file a counterclaim and request counseling, this is more likely to succeed with there are children involved.
What can be used against you in a divorce?
Spending marital money on extramarital affairs. Transferring marital funds to another person before a separation. Spending unreasonable amounts on business expenditures. Selling marital assets below the market value.
What are the steps in an uncontested divorce in Florida?
both spouses must agree to use this method of divorce. the couple has no minor (under 18) or dependent children, and neither spouse is pregnant. at least one of the spouses has lived in Florida for the past six months. the spouses have agreed on how to divide all of their assets and debts.
What questions are asked by Judge during mutual divorce?
- 1 What will judge ask us in Mutual Divorce?
- 2 Can we file Mutual Divorce staying in same house?
- 3 Who will keep the kids?
- 4 How much time it will take?
- 5 Should my parents be present in divorce proceedings?
- 6 When will money be given by husband /wife?
How much does it cost to file a simple divorce 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 constitutes abandonment in a marriage in Florida?
In matrimonial law, abandonment is a form of marital misconduct which occurs when one spouse brings the cohabitation to an end (1) without justification, (2) without consent, and (3) without intention of renewing the marital relationship.
Do divorce papers have to be served in person in Florida?
You can still serve the papers personally on the person outside of Florida, or you may use what is called “constructive service” (meaning service through publication of the notice of your divorce lawsuit in a newspaper) but unless the other spouse consents to the jurisdiction of the Florida divorce court, the court may …
What is the first step in getting a divorce in Florida?
You begin by filing either a Petition for Simplified Dissolution of Marriage or a Petition for Dissolution of Marriage in the Circuit Court. In the simplified procedure, or an uncontested divorce procedure if you have children), you, and maybe your spouse, will be need to attend a court hearing.