In Florida, there is often a presumption that property acquired during the marriage is considered marital. During the divorce, you and your spouse may agree to a value for each asset, or the judge may assign a value. The judge may then split the property among the parties, or, if the property cannot be divided, they may award the property to one party and an equitable financial compensation to the other. Florida has instituted some progressive laws regarding child custody.
Divorce Laws in Florida
These laws encapsulate the following two objectives:. Florida courts will try to award joint custody unless there is clear evidence of parental incapacity, e. Shared parental responsibility involves both parents in decision making with regard to minor children. In order to educate parents,. Florida requires that divorcing parents take and complete the Parent Education and Family Stabilization Course.
This four hour course will prepare you to work with your spouse to develop a time-sharing and parenting plan.
If your spouse has waived their rights following notice, or if they failed to answer the Petition for the Dissolution of Marriage, you may proceed directly to the final hearing. In most cases, the judge will award you the concessions sought in the petition. The minimum amount of time for a divorce is 60 days. If you are involved in a contested divorce, you will have to attend a trial.
This trial may take only a morning or several days. Following the judgment of the court, you and your spouse must attend a final hearing where the judge will sign the Final Judgment of Dissolution. When the petition is filed in the proper county, the Clerk of Court then issues a summons that together with the petition, just be served on the other party.
The party who had the petition served, must wait 20 days for the other party to respond. After the 20 days, the parties must meet for mediation in order to come to agreements in regards to spousal support, property division and child support. If all agreements can be reached, you may not have to go to court and the divorce can proceed to the final hearing. In the case of children, Florida requires both parties to go to a seminar where they will learn about and discuss issues regarding the children and the divorce. The steps involved in conducting the search include speaking with friends or family, contacting the Department of Motor Vehicles, and placing notices in any newspapers for the right amount of time.
After you have completed all the search steps, another pleading must be filed with the court after which you will go to a hearing before a judge who will decide to either grant the divorce or not. Even though the court tries to make the division equal, sometimes it does not always happen. Even though a child or children will live with one parent more than the other, Florida usually assigns both parents joint custody where they each will share all the responsibilities regarding their child or children.
The guidelines set by Florida law are strict concerning child support and include: What the income is of each parent, what the daycare expenses are, what the expenses are for any special needs children, how many children there are, and the child health insurance expenses.
Mediation is where a third party, the mediator, comes in to help the couple come to agreements in a calm manner that will be possible solutions for the court to order. Call your court for specific details. You must bring a photo ID each time you visit the center. Forms are also available free of charge here. Fill out the divorce forms. You can have someone at the Self-Help center review your forms, though no one at the center will fill them out for you.
After having them reviewed, you should make copies for each spouse. Fill out a simplified marital settlement agreement. A form approved by the Florida Supreme Court for simplified divorces is located here. In this form, you will list the property and its value that each spouse will receive.
Property includes cash, stocks, real estate, automobiles, retirement plans, and life insurance benefits. Each party must sign this document in front of a notary. The agreement does not operate to transfer title. If you need to transfer title to property such as land , then you will need to get the deed. File the divorce application with the clerk of court.
Be sure to each bring a valid photo identification. Check with the court clerk whether both spouses must go together. Miami-Dade requires that you both attend to file the petition together. Supply a witness to corroborate residency. The witness must have a valid photo identification.
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The witness must corroborate that at least one partner has lived in Florida for at least six months. A notarized certificate from the witness, rather than a personal appearance, is acceptable. Pay a filing fee. You can prove a 6-month minimum Florida residency.
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Both parties are working part or full-time. You waive your right to trial. A marriage certificate is not required in order to file for divorce in Florida.
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Yes No. Not Helpful 1 Helpful 6. You may have to wait to be assigned a court appearance date.
Not Helpful 2 Helpful 6. A person who relies on you for financial support, like a child or elderly relative. Not Helpful 1 Helpful 4. You can end your relationship with your attorney any time you desire. However, depending on your contract with the attorney, you may or may not be able to get money back.
Not Helpful 0 Helpful 2. What is the first step in filing for divorce when my spouse said they will not sign? Generally, the best advice is to consult with an attorney in this situation, even if you do not hire an attorney to represent you. Your situation and circumstances are unique and you need to understand them before you take any action. Then, you would prepare a petition and the other initial documents and then file them with Superior court in the Florida county where you reside. You would then have the divorce paperwork served upon your spouse, notifying your spouse of the divorce action.
Not Helpful 1 Helpful 2. Call the police or contact a lawyer or judge and explain the situation. They may be able to help you. Not Helpful 6 Helpful 3.
How To File For Divorce In Florida [7-Step DIY Guide to Help You File]
How do I file a simplified divorce if my spouse lives in another country? It depends if your divorce is contested or uncontested. If the latter, your spouse can sign and notarize the documents needed to complete an uncontested divorce from anywhere. However, based upon your local county's court rules your spouse may or may not have to appear in court along with you to finalize the divorce. Some counties allow you to complete an uncontested divorce entirely by mail.