Florida Divorce with Property and/or Liabilities (no minor children)
Here is our process for a Florida Divorce with property and or liabilities in Detail. There are three options for filing for this type of process and it will depend on your own circumstances.
Divorce with Property Client Intake Form- Submit a client intake form to our office
- We will prepare the forms based on one of the options below within 3 business days
- Print the forms and sign them in front of a notary. We will help you file them online with the court’s portal.
Scenario 1
Mutual Agreement
If both of you have been separated for quite some time and you feel things are pretty stable this is a great option.
Once filed we will mail the court will schedule a hearing and you will be divorced. There is a possibility of having a no court hearing divorce.
Scenario 2
Divorce with Property by Summons
This is required when your ex won’t cooperate with the process. After the forms are filed we submit the case to the local sheriff to get your ex served the divorce documents. Once served he/she will have 20 calendar days to respond in writing to the court.
When the time period expires you will submit the final paperwork to get the hearing scheduled. Most of these divorces are referred to court mandated mediation prior to a final hearing being scheduled.
Scenario 3
Divorce with Property By Publication
This process is followed when the whereabouts of your ex are not known. The court submits an article on a local newspaper and runs it for 30 calendar days.
Meanwhile we can help you with the mandatory search process ($50 additional cost). We will contact the following agencies on your behalf:
- Military agencies
- Florida driver license bureau
- Voter registration records
- Florida motor vehicle bureau
- Online databases
- Prepare list of family members of your ex and phone numbers of known family members
If an address is obtained you are responsible for submitting a return receipt letter to the address (we will provide the letter) informing the respondent of the divorce process and to confirm such address and/or contact you.
If no address has been found – once the publication expires the proof is submitted to the court and the rest of the required documents are filed in order to obtain a hearing.
Additional Information:
- Court filing fee waiver – Many of our clients do not have to pay the court filing fee. If the affidavit of indigent status is approved our client typically does not have to pay any other fees. Otherwise the court filing fee is $408 plus $10 if your spouse needs to be served. You will be responsible for the publication fee if your divorce with property is by publication and you do not qualify for the court filing fee waiver.
Disclaimer – Nothing on this website is to be considered legal advice. We are not divorce attorneys, please contact a Florida divorce lawyer to answer your legal questions.