Find information on divorce in florida
Some other states call this " irreconcilable differences. At least one spouse must be a Florida resident for at least six months before filing for a dissolution of marriage. If neither spouse meets the residency requirement, legal separation is an option in the meantime. Normally, a dissolution of marriage begins with a petition which states that the marriage is irretrievably broken, and describes what the petitioner would like from the court.
The other spouse will file an Answer, which gives the second spouse the opportunity to reply to the petition. Some spouses will agree on basic divorce issues, like separating propert, child custody, child support, and spousal support. If this is the case, the spouses will also submit a written agreement to the court. If the spouses agree on all terms of the divorce, the divorce may be final in only a few weeks. If the spouses do not agree on issues, the divorce may end in a trial.
Some Floridians may end their marriage in a simplified procedure, called a simplified dissolution of marriage.
It is available for spouses if:. Except in cases involving domestic violence, most courts will also require all couples to attend mediation sessions - which are conferences with the assistance of a trained person who try to help couples achieve a settlement between themselves.
Legal Information: Florida
If children are involved, all parties will be required to attend parenting classes, details of which are provided when the divorce action is filed. Some courts require the child to attend special classes as well. Divorce proceedings are public proceedings, and the files are available at the courthouse for public review.
Under certain limited circumstances, portions of the file may be sealed by order of the court. While a divorce is pending, a trial judge may enter orders dealing with support, possession or maintenance of any individual asset, where the child or children will live, the time the child or children will spend with each parent, and attorney's fees and costs. How Do I? The Process for Ending a Marriage Divorce. Main Categories Online Services. This website is maintained by Brevard County Clerk of the Court.
It takes time to go through all of the information, and to determine what pertains to your divorce and specific situation. The Florida Courts website does its best to help you through this process by providing a Self-Help Center , where you can read up on a wide variety of divorce-related subjects.
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The Self-Help Center also offers a step-by-step guide on filling out the various forms. You will list both you and your spouse's information on this form, which you will then present to the county clerk to start the divorce process. Our process identifies your specific circumstances, and then provides you with the appropriate divorce papers and support to fill out the documents accurately, which helps avoid complications after you file.
Failing to fill out the right divorce paperwork with the correct information can lead to lengthy delays in the divorce process.
Preparing Your Forms
When you want to make sure everything is done correctly the first time, it can be extremely beneficial to have knowledgeable support like that provided by CompleteCase. Florida requires that you present a notarized copy of your divorce papers to the county clerk in the county where you reside. You can go to a notary public and have your forms notarized, or you can wait until you get to the courthouse.
In most Florida counties the court will have a notary available for you to use, for a small fee.
Dissolution of Marriage
Once your Florida divorce papers are notarized and signed, you can present them to the clerk. You will also be required to pay a filing fee to the state. Once the fee is paid, the clerk will provide you with a copy of your divorce forms with a stamp showing the date that the documents were filed. You will need to make a copy of these forms for your own records, as well as a copy to serve to your spouse. For your filing to be complete, you will need to serve a copy of your divorce papers to your spouse.
You can do this in several ways, including:. He or she can find the form at the courthouse, fill it out, have it notarized and delivered to the clerk.
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- Dissolution of Marriage.
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If your spouse is not cooperative, you can pay either a sheriff or a private service to serve the divorce papers. Sheriffs are sometimes less expensive, but they may take some time to deliver the papers.
Consumer Pamphlet: Divorce In Florida – The Florida Bar
A private company is usually faster. As a last resort, when you cannot locate your spouse, you can publish a notice of the divorce in your local newspaper. This is a more expensive option, but sometimes you do not have much of a choice. Florida also requires you to give a completed financial affidavit to your spouse, where you list all of your income, assets, debts, etc.