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.
How much does it cost to file for a divorce in Florida?
Filing Fees Most Florida counties charge $408 to file a divorce, but a few charge $409. Duval County will penalize you for not having an attorney and will add an extra $12 to the cost.
How do I file my own divorce in Florida?
- Meet Florida Residency Requirements for Divorce.
- Get a Petition for Dissolution of Marriage.
- Sign and Submit the Petition.
- Deliver a Petition Copy to Your Spouse.
- Finalize Florida Marital Settlement Agreement.
- Attend A Divorce Hearing.
How long does it take to get a divorce in Florida?
A divorce can take anywhere between 3 and 24 months depending on whether it is contested or uncontested. The average uncontested divorce takes 3 months. The average contested divorce takes 12 months.
Do you have to go to court to get a divorce in Florida?
In cases of standard uncontested dissolutions of marriage, only one spouse is required to appear at the final hearing. This means that one of you will never have to go to court to actually be granted a divorce.
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.
What are the five stages of divorce?
There are two processes in divorce. The emotional process can be broken down into 5 stages: Denial, Anger, Bargaining, Depression, and Acceptance.
How do you initiate a divorce?
In Mutual consent divorce STEP 1: First Motion involves joint filing of divorce petition. STEP 2: Husband & wife appear before court to record statements after filing of petition. STEP 3: Court examines petition, documents, tries reconciliation, records statements. STEP 4: Court passes order on First Motion.
Is Florida a 50 50 state when it comes to divorce?
How is property divided in a divorce? 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).
Can I do a divorce myself?
Anyone can opt for a DIY divorce or dissolution, but that doesn’t mean it’s suitable for everyone. As a guide, you might be able to sort out your divorce or dissolution and your finances yourself if: your ex-partner agrees to a divorce or dissolution, or you’ve been separated for five years or more.
Can you get a divorce without the other person signing in Florida?
Florida is one of the no-fault states, which means that the only ground required to file for divorce is irreconcilable differences. You can get a divorce even without your spouse’s consent.
How long does it take to get a divorce if both parties agree?
A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children. These things will be dealt with separately to your divorce or dissolution.
What is the cheapest way to get a divorce in Florida?
A cheap divorce in Florida can be obtained only if spouses have compromised and agreed on asset and debt division, financial aspects, and child support and care. If the couple meets these conditions, they do not need to hire a lawyer and may get a cheap online divorce on their own.
What are the grounds for divorce in the state of Florida?
In Florida, there are only two grounds for divorce: The marriage is irretrievably broken. One of the parties is mentally incapacitated.
What is Florida law on alimony?
“In Florida, a spouse in a long-term marriage, more than seventeen years, can be ordered to pay permanent lifetime alimony. This lasts until one of the parties dies or until the recipient remarries.
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.
Does it matter who files for divorce first in Florida?
“Since Florida is a no-fault divorce state, it does not matter which of the spouses files for divorce first,” says our experienced divorce attorney Fort Lauderdale. “When divorce papers are filed, neither party has a legal obligation to provide a cause of the dissolution of marriage.”
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.
What documents do you need to file for divorce in Florida?
- A divorce petition. The spouse who files for divorce first is required to submit a petition.
- A counter-petition.
- A financial affidavit.
- A parenting plan.
How does divorce in Florida work?
Florida is a no-fault state when it comes to divorce. This means that you don’t have to give any reason to the court for why you want to end your marriage, other than that you want it to be over. The court divides all marital property in a way that it deems fair.
What is an uncontested divorce in Florida?
An uncontested divorce in Florida means that the parties agree on all issues such as division of property and debts, alimony or not, child support, visitation if applicable, and responsibility for attorney fees. There is nothing left for the judge to decide.
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 can you not do during a divorce?
- Don’t Get Pregnant.
- Don’t Forget to Change Your Will.
- Don’t Dismiss the Possibility of Collaborative Divorce or Mediation.
- Don’t Sleep With Your Lawyer.
- Don’t Take It out on the Kids.
- Don’t Refuse to See a Therapist.
- Don’t Wait Until After the Holidays.
- Don’t Forget About Taxes.
What is the most difficult stage of divorce?
Perhaps the most difficult period of divorce is the “separation period.” That is the time between when you decide to get a divorce, and the date when you are actually divorced.
What to do before telling spouse you want a divorce?
- Don’t Ambush Your Spouse.
- Pick a Private Place.
- Be Prepared for Anger.
- Plan What to Say.
- Don’t Blame.
- Stay Calm.
- Avoid a Trial Separation.
- Maintain Boundaries.