Florida residents can either file for regular dissolution of marriage or use the simplified version of divorce.Only those without children can use the simplified method.Florida couples must satisfy a number of requirements before they can file to have their marriage dissolved.
Step 1: If the marriage is irretrievably broken, be sure.
The state of Florida no longer requiresfault in divorces.Both parties must claim that the marriage is irretrievably broken.
Step 2: Comply with residency requirements.
One party must be a resident of the state for at least 6 months in order to get a divorce.
Step 3: Take an online class.
Before filing for divorce, couples must take an online course.The children need to take a course specially designed for them.The recommended Parent Education and Family Stabilization course is $19.95.You will have to pay a fee for the class.If you are getting a Simplified Divorce, you don't have to take this class because you have no children.If you have questions about the course approved for your county, you should contact the court clerk.
Step 4: You should think about hiring a lawyer.
An experienced family law attorney can help relieve your stress by handling all of the paperwork necessary to file for divorce.The Florida Bar Association has a referral service that you can use to find a family law attorney.Florida attorneys can be certified in Marital and Family law.You should check an attorney's website to see if he or she is a specialist.Florida courts have the power to award attorney's fees to a party when the spouses are in different financial positions.You may be able to get this fee shifting if you have less financial resources than your spouse.A simplified divorce is designed so that there is no need for an attorney.If you have questions about how to divide property in a simplified divorce, you may want to speak to an attorney.
Step 5: There is an agreement on child custody.
You should try to meet with your spouse to discuss child custody.If the court finds that it is in the best interest of the child, a joint stipulation on custody issues will be honored.The court will have to hold a trial if there is no agreement.A trial can take a long time and cost a lot.It can be hard to work with the other parent after the trial has ended and custody has been awarded.
Step 6: A settlement agreement should be drafted.
You will need to agree on a settlement before you can file for asimplified divorce.Marital property includes real estate, cars, retirement benefits, stocks, bonds, cash, bank accounts, and anything else of value.It's important that the property is divided fairly, not necessarily equally.The duration of the marriage, the contribution of each spouse to themarriage, and the economic circumstances will be considered by the court in determining your division.The form was approved by the Florida Supreme Court.
Step 7: Find the correct court.
You have to file in the circuit court for the county where you last lived as a married couple.
Step 8: A dissolution of marriage petition should be drafted.
You can start divorce proceedings by filing a petition.You ask the court for a divorce in the petition.Either spouse can file.There are various petition forms for divorces approved by the Florida Supreme Court.
Step 9: Additional forms should be filled out.
An Affidavit of Corroborating Witness, Marital Settlement Agreement, Notice of Social Security Number, and Certificate of Compliance with Mandatory Disclosure are also required.The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Child Support Guidelines Worksheet, and a parenting plan are required if you have children or the wife is pregnant.The forms can be found at this website.
Step 10: You can file the petition.
You and your attorney should file the petition with the clerk of court.Depending on the court, you will have to pay a fee.There is a fee in the county.If you can't afford the filing fee, ask for an Application for Determination of Civil Indigent Status from the clerk.
Step 11: Notices should be served on your spouse.
You have to give your spouse notice that you have filed a petition for dissolution of marriage so that he or she can respond within 20 days.Personal service and constructive service are the most common methods of service.You can't serve by mail.You should serve the papers personally if you know where your spouse is.You need to fill out a Process Service Memorandum.You need your spouse's home and work address.To schedule service by the sheriff, you will need to ask the clerk.If your spouse lives in the same county as where the court is located, you can have the local sheriff serve notice for a fee.The fee can only be paid with a check or money order.A self-addressed stamped envelope is required.The sheriff will send a proof of service to you after service.If your spouse lives in a different county, the clerk will send the papers to the sheriff in the other county.It is a good idea to have personal service.If you can't locate your spouse or he lives in a different state, constructive service is available.If you don't personally serve the spouse, your remedies will be limited.
Step 12: Meet the requirements.
The simplified divorce procedure requires certain requirements.If you can't meet the requirements, you must file for divorce.The marriage cannot be saved if you and your spouse agree.The wife cannot be pregnant and you cannot have any dependents from the marriage.You and your spouse have worked out how you will divide your property.Both spouses are not seeking alimony.One party had been living in Florida for 6 months.You are willing to give up your right to a trial.
Step 13: Pick up a packet.
Visit your court's Self-Help center and purchase a divorce packet.You will need the forms in this packet.It should cost $65.The Self-Help center is open Monday-Friday from 8:00 am to 4:30 pm.Specific details can be called to your court.You need a photo ID to visit the center.The forms are free of charge here.
Step 14: You have to fill out the divorce forms.
No one at the Self-Help center will fill out your forms for you, so you can have someone review them.You should make copies for each spouse after having them reviewed.
Step 15: A simplified marital settlement agreement can be filled out.
There is a form approved by the Florida Supreme Court.The property that each spouse will receive will be listed in this form.Cash, stocks, real estate, automobiles, retirement plans, and life insurance benefits are included in property.The document must be signed by each party.When you go to file your petition for dissolution of marriage, you can both sign it at the court house, even if you don't have to.The agreement doesn't transfer title.You will need to get the deed if you want to transfer title to the property.The marital settlement agreement does not change the name of any spouse's debts.
Step 16: The divorce application should be filed with the clerk of court.
The spouses have to go to the clerk's office to file.Each must bring a valid photo identification.If both spouses must go together, check with the court clerk.You have to file the petition together.This is not a requirement of the Florida Supreme Court.A witness is needed to corroborate residency.A valid photo identification is required by the witness.At least one partner has lived in Florida for at least six months.A certificate from the witness is acceptable.
Step 17: You have to pay a filing fee.
The cost of a simplified divorce can vary from county to county.Call to find out how to pay.