What You Need To File For Divorce
What You Need To File For Divorce

What You Need To File For Divorce

What You Need To File For Divorce – Getting divorced is often one of the most stressful events in a person’s life – especially if you have friends or family who don’t support your decision – and that stress can become even worse if there are children, pets or belongings others of contention. involved, such as a home or vehicle. But you have to do what’s best for you, and sometimes that means moving on from a marriage that doesn’t work.

“Divorce is not such a tragedy. It is a tragedy to stay in an unhappy marriage, teaching your children the wrong things about love. No one has ever died of divorce.” – Jennifer Weiner

What You Need To File For Divorce

This guide to filing for divorce in Florida (including a step-by-step infographic) will answer your questions about divorces in Florida, help you decide what type of divorce you want to file, and give you the steps that will you need them. to be taken to legally end your marriage. If you have any other questions about filing for divorce in Florida or want to speak with a divorce lawyer about your situation, give us a call at 386-222-6677.

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Dissolution of marriage is the legal end of a marriage through a court – in other words, it’s a divorce.

If you’re filing for divorce in Florida, you’ll see it referred to as a “dissolution” or “dissolution of marriage” on your legal forms. Like many other states, Florida has abolished fault as a basis for dissolving a marriage, which means you do not have to prove that your spouse did something that led to the dissolution.

That said, the court will often consider infidelity, cruel treatment, and some other defects when deciding the details of your divorce, such as:

Remember as you go through the divorce process that the parties, facts and circumstances of each divorce case are unique, so even if you know someone who has been divorced under similar circumstances to yours, you are not there is no guarantee that your divorce will have the same results.

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Divorce, or dissolution of marriage, will provide legal decisions on a variety of things related to your marriage, including:

If you’re worried about child support, you can check out our Child Support Calculator to get a free estimate of how much child support you may be eligible to receive – or required to pay – according to the State of Florida .

In order to file for divorce in Florida, you will need to prove that a marriage exists between you and your spouse, that at least one of you has lived in Florida for at least six months, and that your marriage has been “dissolved irreparable. .” (If your spouse has been mentally incompetent for three years, the State will accept that as grounds for dissolution as well.) From there, you either file a simplified dissolution of marriage or a regular dissolution of marriage.

There are a number of significant differences between a simplified dissolution of marriage and a regular dissolution of marriage, which you can read about below. However, it may be particularly important to note the following differences:

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Depending on the circumstances surrounding your marriage and your intended divorce, it may be possible to obtain a simple (uncontested) divorce. In order to pursue a simplified marriage dissolution, at least one of you must have lived in Florida for at least six months leading up to the dissolution, and you must both:

The key feature of a simplified marriage dissolution is an agreement; both parties must be in agreement about the divorce and will petition the State together as “petitioners.” For this reason, you waive your right to a trial and your right to appeal the court’s final decision. A simplified dissolution of marriage is the friendliest way to file for divorce in Florida because you and your spouse can dissolve your marriage as peacefully as possible.

If you and your spouse cannot (or will not) agree on your marital assets and marital debt divisions, or if you have children under the age of 18, you will face a regular (contested) divorce.

Think you’re ready to file for divorce? Here are the steps you will have to complete to officially end your marriage in the eyes of the State of Florida:

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Reminder: Filing divorce documents with the Clerk’s Office will usually cost you a fee. If you cannot pay the fee, you can ask the Clerk for a waiver.

An uncontested divorce is referred to as a “simple” divorce for a reason – the steps are simple, dividing your assets and debts is simple, and finalizing your divorce is simple.

To file an uncontested divorce, you and your spouse must complete a Simplified Petition for Dissolution of Marriage. You should also complete a Marital Settlement Agreement together, so that your decisions on the division of marital assets and debt are recorded in writing.

You will file the completed and signed Petition and Matrimonial Settlement Agreement with the Circuit Court Clerk’s Office. You should file these documents together and in the county where you or your spouse live.

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Shortly after you file your paperwork, you will go to a short hearing together where a judge will make sure your marriage meets the requirements for a simplified divorce, review the paperwork you filed, and sign a final judgment to make your divorce official.

If the division of your assets and debts has already been completed, you can leave court with no more obligations to fulfill for your divorce, and start living your new life!

When you and your spouse cannot agree on the terms of your divorce, or when there are small children or dependent children involved, you will need to file for a regular divorce.

With a regular Petition for Dissolution of Marriage, one of you will fill out one of three forms—depending on whether or not you have small children, dependent children, or property to divide—and file it with the Clerk’s Office of the Circuit Court in the county where you or your spouse live.

What Do You Need To File For Divorce?

Have you ever heard someone say they got a “service”? When you file for divorce, you must provide your spouse with the Petition for Dissolution of Marriage that you filed with the Clerk. This step is referred to as “service” and is often called “submitting” your petition. In this step, you will prepare the Summons for the Clerk.

The Social Security Affidavit is needed to make it easier for all parties to subpoena financial and employment records without court intervention. The Non-Military / Military Affidavit is where you attest to whether or not the respondent (your spouse) is in the military.

If you have any minor children with your spouse, a UCCJEA Affidavit will need to be filed in order to determine your custody, time sharing or visitation rights with your spouse after the divorce.

This affidavit is required whether you and your spouse own property or not. In the Florida Family Law Financial Affidavit, you will need to provide your:

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If your individual gross annual income is less than $50,000, you will file the Short Return. If it is over $50,000, you will file the Long Form.

Be sure to include any financial information that your spouse or the court should know about. You will need to complete a Certificate of Compliance with Mandatory Disclosure along with your financial affidavit, swearing that you have provided your spouse with all the required financial documentation.

You will need to complete a Marital Settlement Agreement for your minor children, dependent children, and/or yours and your spouse’s. This step will include child custody, child support, time sharing, alimony payments, transfer of property, etc.

The goal of a Florida divorce is that all of your assets and liabilities will be fairly distributed. The court will consider your and your spouse’s economic circumstances and your contributions to the marriage, such as looking after your children and maintaining your home.

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While every step of the divorce process is important, this step can be especially crucial for any spouse who is dependent on their future ex. Among the decisions that will be made regarding your divorce is alimony. Also known as “spousal support,” alimony is a type of court-ordered financial support from one spouse to the other after their divorce.

There are many factors that go into determining alimony in Florida. If you think you may be eligible for alimony, we recommend contacting a divorce lawyer to make sure you receive the full amount of alimony you are eligible for.

Take all your completed divorce paperwork to the Clerk’s Office of the Circuit Court in the county where you or your spouse live and file your Petition (and supporting documents) with the Clerk.

Once the Clerk signs the Summons, the process server will be able to serve your spouse (now the defendant) with the required paperwork in accordance with the State’s divorce laws. Your spouse will have 20 days to answer the Petition after they are served.

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During the divorce hearing, you and your spouse will appear before a judge (or a mediator, depending on your situation). If you have not yet reached an agreement on all the issues of your divorce, the judge can use this hearing to explain the family court proceedings and arrange your next court date.

Once the judge signs the final judgment, also known as a final order

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