Where To File For Divorce In Florida – Deciding whether or not to start the divorce process is usually a difficult decision. To help people know what to expect in the process I created this infographic that provides an overview of the Florida divorce process. For those who want to know more in-depth information about divorce, please read the accompanying article below. If you have a question about a specific situation you can contact me and set up a free consultation.
A. Do you really want to break up? This is an important issue with serious implications. Relationships usually have their pros and cons. People who work in marital affairs often have a difficult job maintaining a family after life.
Where To File For Divorce In Florida
A. Meet with many lawyers. Ideally, you should at least meet with the family’s legal representative. Since divorce is a very personal process, it is important to work with the right family law attorney. Here are some questions to consider when meeting with a divorce attorney (not an exhaustive list):
Your Guide To Filing For Divorce In Florida
Iii. What is your philosophy on law enforcement? Does the lawyer appear to be “aggressive” or intent on settlement?
B. Data Collection and Asset Discovery. A good start is to gather the information required in the Florida Divorce Ordinance: https://www.flcourts.org/core/fileparse.php/293/urlt/932.pdf
C. Find out if the case is going to trial without delay. How can you agree on issues related to time sharing, parental responsibility, spousal support and the division of assets and liabilities?
A. Do you need short-term financing, a time-sharing plan, help with attorney fees and costs, or home ownership? If so, you have the option of submitting a request for interim relief to help you meet your needs during the separation.
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A. Notification must be made no later than 45 days from the date of service. Required disclosures include but are not limited to financial statements, past three years of tax returns, pay slips, bank statements, recent bank statements, ect.
B. Common family problems. These websites are approved by the Florida Supreme Court on family law and are a great source of information for information about the divorce process.
C. Request for Proposals (“RFP”). An RFP can be very extensive requiring years of financial documents and other relevant information or short requiring specific documents. Extended RFPs are standard cases with plaintiff attorneys or multiple value cases.
D. Notice of Non-Party Production/Subpoena. Do you need third-party information as your spouse’s employer? You can make a non-party call. Before serving a subpoena on a non-party, you must serve at least ten (10) days with a copy of the subpoena on all parties to the case. If there are no objections to the time of the summons, your attorney or clerk may issue a subpoena. The call is used to get jobs and financial files.
Florida Divorce Forms
E. Deposit. A deposition is a process in which a lawyer or litigant’s representative asks a litigant or witness questions under oath to a court reporter or videographer. Depositions are a very useful tool in complex cases, such as child custody/time-sharing disputes, or when the situation is unclear and additional information is needed. Deposits are expensive, so they are not used for everything.
A. In Northeast Florida, couples are required to agree before going to court. Mediation usually takes place 3 to 9 months after filing for divorce.
B. Be ready to help. Being prepared is important. Meet with your attorney to prepare a proposed distribution sheet, child custody sheet and parenting plan (if applicable) before the divorce.
C. Mediation allows the parties to come to an agreement to resolve the dispute that works for both parties and agrees to terms that a judge cannot rule in a trial.
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A. If the mediator is successful, usually one party participates in the last five (5) minutes to prove that the marriage has irretrievably broken down and that at least one spouse lived in Florida for at least six months before filing for divorce.
B. If mediation is unsuccessful, the trial will take place nine months to a year after the trial. The parties or counsel will also attend a pre-trial conference two weeks prior to the trial to discuss certain matters, exchange exhibits, complete distribution of documents, child custody forms and custody arrangements (if applicable).
C. Ask attorneys and appellate attorneys to find out if the trial court judge made a reversible error. Family law judges generally have limited discretion in making family decisions; therefore, appeals cannot be granted in most cases.
I hope this has helped you better understand what to expect during a Florida divorce. Divorce procedures are different for every couple, so make sure you have a qualified family law attorney to help you through the divorce process.
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This infographic and blog post is for informational purposes only. Please ask a lawyer to discuss your situation to receive legal advice about your situation. Divorce is often one of the most stressful things in a person’s life – especially if you have friends or family who do not support your decision – and that stress can be even worse if there are children, pets , or other conflicting possessions, such as a home or car. But you have to do what’s best for you, and sometimes that means getting out of a dysfunctional relationship.
“Divorce is not a tragedy. The danger of staying in an unhappy marriage is that you teach your children bad things about love. No one ever died of divorce. ” – Jennifer Weiner
This guide to filing for divorce in Florida (including a step-by-step infographic) will answer your questions about Florida divorce, help you determine what type of divorce you’ll want to file for, and give you the steps you’ll need. take to stop legally. If you have any other questions about filing for divorce in Florida or would like to speak with a divorce attorney about your concerns, call us at 386-222-6677.
A dissolution of marriage is the legal end of a marriage through a court – in other words, it’s a divorce.
What Are The Grounds For Divorce In Florida & Why They Matter?
If you file for divorce in Florida, you’ll see that it’s called a “dissolution” or “dissolution of relationship” on the legal documents. Like many other states, Florida has eliminated fault as grounds for dissolution of marriage, meaning that you do not have to prove that your spouse did something to cause the dissolution.
That said, the court will often consider infidelity, abuse, and other offenses when deciding on the terms of your divorce, such as:
Remember as you navigate the process of divorce that the parties, circumstances, and issues of each divorce case are unique, so even if you know someone who went through a divorce similar to yours, there is no guarantee that your divorce will have the same outcome.
A divorce, or dissolution of marriage, will make legal decisions about a variety of things related to your marriage, including:
What Is The Difference Between Mutual Consent And Contested Divorce?
If you’re concerned about child support, you can view the Child Support Calculator to get a free estimate of how much money you may be eligible to receive—or be required to pay—according to the State of Florida.
To file for divorce in Florida, you will need to prove that you and your spouse are married, that at least one of you has lived in Florida for at least six months, and that your marriage is “irretrievably broken. . “.
There are several important differences between a simple dissolution of marriage and a permanent dissolution, which you can read below. However, it may be especially important to note the following differences:
Depending on the circumstances surrounding your marriage and the anticipation of the divorce, you may have an easy (unfortunate) divorce. To pursue a simple dissolution of marriage, at least one of you must have lived in Florida for at least six months leading up to the dissolution, and you must both:
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The most important feature of a simple dissolution of marriage is the contract; Both parties must agree on the divorce and will petition the state together as “petitioners.” Accordingly, you will waive your right to a trial and your right to appeal the court’s final decision. A simple dissolution of marriage is the best way to file for divorce in Florida since you and your spouse can dissolve your marriage as amicably as possible.
If you and your spouse can’t (or won’t) agree on your marital property and the division of marital debt, or if you have children under the age of 18, you will face a common (contested) divorce.
Think you’re ready to file for divorce? Here are the steps you must complete to officially end your marriage before the state of Florida:
Reminder: Filing divorce papers at the clerk’s office will cost you money. If you can’t
How To File For Uncontested Divorce Without An Attorney In Florida
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