A Complete Guide to the Florida Divorce Process: Simplified and Informative

Introduction:
Going through a divorce can be a challenging and emotional time. Understanding the divorce process in Florida is crucial to navigate the legal procedures smoothly and ensure a fair resolution for all parties involved. In this comprehensive guide, we’ll provide you with a simplified, step-by-step overview of the process to file for the dissolution of marriage, including important considerations, legal requirements, and practical tips to help you make informed decisions.

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Here is the Step by Step Guide

1. Residency Requirements:
To file for divorce in Florida, one or both spouses must meet specific residency requirements. At least one spouse must have been a resident of the state for a minimum of six months before filing for divorce. This requirement ensures that the case is heard in a Florida court, allowing for proper jurisdiction and legal proceedings.

2. Grounds for Divorce:
Florida is a no-fault divorce state, meaning that no specific reasons or fault are required to initiate a divorce. The only recognized ground for divorce is the assertion that the marriage is “irretrievably broken.” Incompatibility, conflicts, or other irreconcilable differences may be cited as the basis for the divorce.

3. Petition for Dissolution of Marriage:
The divorce process begins with one spouse, referred to as the “petitioner,” filing a “Petition for Dissolution of Marriage” with the appropriate court. The petitioner is responsible for providing necessary information regarding the marriage, assets, debts, and proposed arrangements for child custody, support, and alimony.

4. Service of Process:
After filing the petition, the other spouse, known as the “respondent,” must be properly served with a copy of the divorce papers. This ensures that they are aware of the legal proceedings and have an opportunity to respond to the petition. The respondent typically has a specified time to file a response with the court.

5. Negotiation and Mediation:
In many cases, spouses can resolve divorce-related issues amicably through negotiation and mediation. This approach can be less adversarial and more cost-effective than going to trial. During mediation, a neutral third party assists the couple in reaching agreements on child custody, division of assets, alimony, and other relevant matters.

6. Parenting Plans and Child Custody:
Florida courts prioritize the best interests of the child when determining custody arrangements. Spouses are encouraged to create a comprehensive parenting plan that outlines time-sharing schedules, decision-making responsibilities, and other aspects of co-parenting. If they can’t agree, the court will step in to make decisions in the child’s best interests. Child support will be calculated based on the Child Support Guidelines, established by the State of Florida.

7. Division of Assets and Debts:
Florida follows the principle of equitable distribution, which means that marital assets and debts are divided fairly, but not necessarily equally, between the spouses. The court considers various factors, including each spouse’s financial contributions, duration of the marriage, and individual needs when making property division decisions.

8. Alimony and Spousal Support:
In certain situations, one spouse may be entitled to receive alimony or spousal support from the other. The court considers factors such as the length of the marriage, the standard of living during the marriage, and each spouse’s financial resources to determine the appropriate amount and duration of alimony.

No matter what county you live in Florida the dissolution of marriage process will start with the correct divorce forms. Once that part of the process is figured out the next step would be file and then to have the judge sign a final judgement. Some divorces take longer than others and some courts take longer than others, but in general how long it takes will depend on your particular situation and the courthouse.

The Forms

Technically the Florida divorce forms are available for FREE on the flcourts.org website. The challenge with this website is that they are not categorized by divorce type and every county has additional forms required not published here.

The basics of a divorce form packet are:

• Petition
• Notice of SSN (for petitioner and if in agreement for the respondent)
• Financial Affidavit (for petitioner and if in agreement for the respondent)
• Notice of Related Cases (not needed in some counties)
• Notice of Mandatory Disclosures

In addition if a divorce includes financial considerations such as properties, bills, alimony:

• Marital Settlement Agreement (or proposed if not in agreement)

In addition if a divorce includes children:

• Child Support Guidelines (this is where the child support is calculated based on the income chart)
• Parenting Plan (or proposed parenting plan if not in  agreement)
• Marital Settlement Agreement (with children stuff)
• Uniform Child Custody Jurisdiction Affidavit
• Certificate of parenting classes for both parents

In addition, if the divorce is not in mutual agreement:

• Summons

Or if the whereabouts of the respondent are not known:

• Affidavit of Military Status
• Notice of Action
• Affidavit of Search and Inquiry

Then – if the divorce is done using the no-court divorce process:

• Special Interrogatory to waive the court hearing
• Final judgement with self stamped – addressed envelopes

Or if the divorce was done by summons:

• Motion for Default/Default – if the other party failed to respond within 20 days of being served.
• Notice of hearing – with self tamped – addressed envelopes

Same forms above are used if the divorce is by publication, once the publication ran for 30 days and the proof has been received from the newspaper.

Overwhelmed Yet?

That is the beauty of what we do at divorceinfloridaonline.com, you don’t have to worry about having the correct forms from the State, the County and what is the correct order of the forms and process to follow. We can help you with all of this AS LONG AS YOU DO NOT HAVE LEGAL QUESTIONS. If you have questions regarding your legal rights please contact a divorce attorney.

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Frequently Asked Questions:

Q – Do I need to hire an attorney to file for divorce?

A – No, in the State of Florida a lawyer is not needed to file for divorce. However if you need legal advice you will need to speak with a Florida divorce attorney well versed in family law.

Q – Is it true that divorce can be obtained without a court hearing in Florida?

A – Yes, there is a court in Florida that has established a no court hearing process if your case qualifies. Request a quote from our office and your quote will have more details.

Q – Do you have an office?

A – We have been working remotely and servicing all of Florida for many years. Our clients have our phone number, email address, Whatsapp and text number.

Q – I don’t know if my ex will sign, can you talk to him?

A – Unfortunately, no. We are not mediators and we cannot convince anyone to cooperate with the process.

Q – I don’t know where my ex is, can you still help me?

A – Absolutely. There is a process to get a dissolution when you don’t know where your ex is. When you get a quote from our office choose “I don’t know where my ex is”.

Q – My ex and I decided not to have child support decided, can your office help us get divorced?

A – No we cannot help. Child support is mandatory and we will not file a case in mutual agreement with minor children without it. First because most of our cases are divorce without court hearing and requesting the judge to forgo child support will trigger a hearing. There are other reasons but our company policy is to not engage with divorces with children where child support is not calculated and added to the paperwork.  

Q – Do your office help with other family law matters?

A – Yes, we help with name changes, step parent adoptions and answers to summons. Call our office for more details.

Q – Will I receive a final judgement that I can take to immigration?

A – Yes, once you receive your final judgement you will make an appointment with our office and we can order the certified copy instantly from the court.

Q – What if my ex decides not to cooperate after starting the process in mutual agreement?

A – We can help you. We will have a small fee to change the documents however we will file the case, help you hire a process server, and provide any other documents required by the court to finalize the divorce.

Q – Do you offer notary services?

A – Yes, we work with an excellent remote notary, licensed and remote certified. It’s an optional service however our clients that have used her service have been amazed about how easy their divorce process went; with nothing to print and no time off from work.

Q – How long do you have to be separated to get a divorce in the state of Florida?

A – The State of Florida does not have any requirement like this. Some of our clients have remained living in the same house even after filing for divorce.

Q – What is a wife entitled to after 10 years of marriage in Florida?

A – We cannot answer this as this would be legal advice. Please speak to a divorce attorney to understand what you are entitled to and your rights.

Q – How long is a divorce process in Florida?

A – The process varies based on your type of divorce and the disposition of your ex. Request a quote to get specifics timeline related to your case.

Q – What’s the Florida divorce court filing fee?

A – The court filing fee is $408, plus $10 if a summons is required, about $40-$90 if a process server needs to be hired and about $150 if a publication is needed. The good news is that the court has a low income court filing Court Filing Fee Waiver fee program and if you qualify we will help you get the fees waived.

Conclusion:
Navigating the process to file for divorce requires a clear understanding of legal procedures, requirements, and the willingness to cooperate with your spouse whenever possible. While this guide provides a comprehensive overview, it’s important to consult with a qualified family law attorney to ensure your rights are protected and to make the divorce process as smooth as possible for all parties involved. Remember, knowledge and preparation are key to achieving a fair and satisfactory resolution.