how do i file for divorce in florida without a lawyer

How to File for Divorce in Florida Without an Attorney.

• 1. Meet Florida Residency Requirements for Divorce. Before you start the filing process, you need to make sure that you meet all the divorce ...
• 2. Get a Petition for Dissolution of Marriage.
• 3. Sign and Submit the Petition.
• 4. Deliver a Petition Copy to Your Spouse.
• 5. Finalize Florida Marital Settlement Agreement.

Full Answer

Can I get divorced without a lawyer in Florida?

The first document that you should file to divorce in Florida is a Petition for Dissolution of Marriage. You will need to find this form and fill in the basic information about you, your spouse, and your children. Note that Florida divorce paperwork is not limited to a Petition. In fact, to file for divorce in Florida, you need to find and fill out quite a few uncontested divorce forms, …

Should you get a divorce without a lawyer?

The first step is to make sure your marriage qualifies for divorce in Florida. The state is one of many that has removed fault as a necessary grounds for divorce. Instead, it must only be proved that the marriage is "irretrievably broken," though fault can still be used in the division of assets and assigning alimony if the divorce goes to court.

How do you file for divorce without an attorney?

While it’s legally possible to file for a dissolution on your own, it is not necessarily advised in all situations. If you and your spouse have no children and very few assets, some attorneys may recommend you file on your own — especially in cases where you and your spouse are on friendly terms. However, if you and your spouse have children or have a large asset portfolio, we …

How to file for an uncontested divorce in Florida?

Florida divorce law provides a process called a Simplified Dissolution of Marriage. Couples can use this to get a quick divorce, about 30 days from filing to finalization By Elijah Paster, Associate Attorney Attorney Elijah Paster, an experienced family law attorney with Law Group, P.C., reminds divorced parents to make the extra effort to stay ...

Can I file my own divorce papers in Florida?

In Florida, the law does not allow you to complete the service on your own. You are required to hire someone to serve divorce papers. This can be either a sheriff or a process server, and the fees for their services will vary depending on the county.

How much does a divorce cost in Florida without a lawyer?

The cost of uncontested divorce in Florida is: Under $500 if you complete the paperwork yourself and file without a lawyer. Under $650 if you get online help with the paperwork and filing instructions to file without an attorney. Around $3,000-$5,000 if a lawyer takes care of everything.

How can I get a simple divorce in Florida?

How to File an Uncontested Divorce in FloridaFill out the petition. You begin by completing a Petition for Dissolution of Marriage. ... File the petition. When you've completed the petition, you'll have to file it with the court. ... Give the petition to your spouse. ... Wait for an answer.

What is the cheapest way to get a divorce in Florida?

Divorce in Mutual Agreement Filing for a divorce in mutual agreement is always cheaper. This avoids having to hire a process server or sheriff to serve the divorce papers to your spouse. You will also save on court mandated mediation, hiring an attorney and maybe even having to pay for their legal fees.Feb 16, 2019

Can you get divorce in Florida without going to court?

Florida divorce law provides a process called a 'Simplified Dissolution of Marriage. ' Couples can use this to get a quick divorce, about 30 days from filing to finalization, as long as they have complete agreement on the terms of the divorce and it's uncontested.

How long do you have to be separated before divorce in Florida?

A couple must live separately and apart to file for divorce. However, Florida does not require a waiting period or separation before filing for divorce. The only requirement to get a divorce is that at least one of the parties must reside in the state for at least half a year before filing for divorce.May 20, 2021

Can you file divorce online in Florida?

The Florida court system has the e-filing portal where Floridians can file their divorce papers online without having to go to the family law court.Dec 23, 2019

Is online divorce legal in Florida?

Florida allows the use of online divorce services to complete the paperwork required for an uncontested divorce. There are several different kinds of divorce in the state, some of which online divorce is ideal for. Other types of divorce may require the help of a divorce attorney.

Can you get a divorce without the other person signing the papers?

Unopposed divorces An uncontested divorce can arise in two instances, the first being a situation where the sheriff has served the summons, and your spouse fails to defend the action. In this instance, the court may grant you a decree of divorce by default.Aug 7, 2019

What forms are needed to file for divorce in Florida?

What Documents Do You Need for Your Divorce in Florida?A divorce petition. The spouse who files for divorce first is required to submit a petition. ... A counter-petition. ... A financial affidavit. ... A parenting plan.Dec 22, 2020

Can you get a divorce without the other person signing in Florida?

The good news is that in Florida, you can still get a divorce even if the other party will not sign the divorce papers. Because Florida is a “no-fault” state, you don't have to prove that one spouse or the other was at fault in the divorce. Instead, you just have to state that the marriage is irretrievably broken.

What is a wife entitled to in a divorce in Florida?

The General Property Rule In Florida, property is divided 50-50 if it is considered “marital property” – or property that was acquired by either spouse during the marriage. Non-marital property, which is property either spouse acquired before the marriage, is not divided equally.

How long do you have to live in Florida before filing for divorce?

You'll use different forms depending on whether or not you have children. Florida requires at least one spouse to have lived in the state for six months before filing for divorce. See Fla. Stat. § 61.021 (2019).

What documents are needed for a divorce?

In addition to completing the financial affidavit, you'll need to provide supporting financial documentation, including: 1 income 2 assets 3 debts 4 tax returns 5 bank statements 6 credit card statements 7 personal financial statements, and 8 any other documentation containing financial information that your spouse or the court should know before the divorce.

What is the Florida court website?

The Florida Court website has a Family Courts resource page provides an overview of the divorce process. Florida's Family Law Self-Help Center offers all the forms necessary to file for divorce.

What is it called when you give your spouse a copy of your divorce petition?

You have to give your spouse a copy of your filed petition for dissolution of marriage; this is called "serving" your petition. There are a number of ways to serve your spouse.

How to serve your spouse?

There are a number of ways to serve your spouse. Your spouse (or your spouse's attorney) can agree to accept service of the dissolution petition. If he or she agrees to accept service, your spouse or your spouse's attorney must complete an "Answer and Waiver of Service.".

What to do if you can't find your spouse?

If you're unable to locate your spouse, your spouse is in the military, or your spouse is in jail, check with your court clerk about alternative service.

Does Florida recognize fault based divorce?

No-Fault Divorce. Florida does not recognize fault-based divorces. In other words, you don't have to prove that your spouse engaged in misconduct which led to the divorce. Instead, you simply need to state in your Petition for Dissolution that the marriage is irretrievably broken.

How long does it take to get divorced in Florida?

Florida requires at least one spouse to be a resident for at least six months immediately preceding the filing of the divorce. Establishing residency is typically a straightforward process that is easily accomplished.

What is alimony in Florida?

Alimony, which is also frequently referred to as spousal support, is payment from one ex-spouse to the other . The fundamental principle guiding an award of alimony is the disparity in the financial resources of the two parties. Under Florida divorce law, there are five types of alimony a judge can order as part of a divorce. The forms of alimony are; temporary, bridge the gap, rehabilitative, durational, and permanent alimony. See Florida divorce law 61.08. A judge may award any combination of these types of alimony. Further, alimony payments can be made periodically or as a lump sum.

What is equitable distribution in Florida?

In a Florida divorce case, marital assets and liabilities are subject to equitable distribution. Generally, the court will start with the premise of dividing marital assets and debts 50/50. The law requires that a court equally distribute a marital asset unless a “legally sufficient justification for an unequal distribution is given based on ...

Can a marriage end in Florida?

No one enters into a marriage with the expectation that it will end . However, people and circumstances change over time, and a once-thriving marriage may find itself in turmoil. When this occurs, often couples will decide to pursue separation before filing for divorce. Legal separation in Florida occurs when a married couple ends cohabitation and lives separately for a period of time. Under Florida divorce law, separation alone may not affect the marital status or property rights of either spouse. See Hollister v. Hollister.

What are the different types of alimony in Florida?

The forms of alimony are; temporary, bridge the gap, rehabilitative, durational, and permanent alimony. See Florida divorce law 61.08. A judge may award any combination of these types of alimony.

Is common law marriage legal in Florida?

However, Florida will still recognize a common law marriage that was legally created in another state. Marriages formed in other states are entitled to the full faith and credit under the United States Constitution.

Does Florida have child support guidelines?

Florida courts will defer to the Florida Child Support Guidelines for determining child support. The Guidelines outline how much child support will be required by each parent based on their net income, the number of children involved, and the custody arrangement. In a Florida divorce case, the judge will strictly follow the Florida Child Support Guidelines. However, the court does have some discretion to deviate from the guidelines when it is appropriate to do so.

What is a simplified divorce in Florida?

With a simplified divorce in Florida, the divorcing couple asks the court for the divorce ( both spouses are referred to as the "petitioners"). This type of divorce may be easily handled without the help of a lawyer.

How long do you have to live in Florida to get divorced?

For either type of divorce, you must first show: one spouse has resided in Florida for six months before filing for divorce, and. the marriage is irretrievably broken (this means there is nothing the husband and wife or the court can do to fix the marriage).

What is the second type of divorce in Florida?

This first is a "simplified dissolution of marriage," which is also called a simplified divorce." The second is a "regular dissolution of marriage." This article provides an overview of both.

What is a financial affidavit?

both spouses must complete a "Financial Affidavit" (written declaration regarding property and finances) and a "property settlement agreement" (an agreement that settles all property issues), even if you and your spouse have no property, and. both spouses are required to attend the final divorce hearing.

What is a regular divorce?

A "regular dissolution of marriage" (sometimes called a "regular divorce") may be either an "uncontested divorce" or a "contested divorce.". In either case one, only one spouse asks the court for the divorce - this spouse is the "petitioner". The other spouse is called the "respondent.".

What is an uncontested divorce?

With an uncontested divorce, both spouses must have all issues related to marital property, marital debts, and issues relating minor children from the marriage settled in a signed "marital settlement agreement" (also called a divorce settlement).

Is a regular divorce uncontested?

A "regular dissolution of marriage" (sometimes called a "regular divorce") may be either an "uncontested divorce" or a "contested divorce." In either case one, only one spouse asks the court for the divorce - this spouse is the "petitioner". The other spouse is called the "respondent."

1. Check your state's requirements for filing

Check your state laws for any requirements for filing a no-fault divorce. For example, some states require that you and your spouse are physically separated for a period of time before filing. Additionally, your state may require proof of residency before filing for divorce.

2. Complete the no-fault divorce forms

Once you meet your state's requirements for filing, you should complete the applicable no-fault divorce forms, such as the petition for divorce. Contact your local county clerk's office for copies of these forms. Also, ask your local court about the required filing fees.

3. Discover if you have a no-fault uncontested divorce

If your spouse agrees to the terms of the divorce, your case will move through the court system quickly. If you and your spouse agree on provisions like the division of property and child support, your divorce is considered uncontested. You will then enter into a settlement agreement.

4. Determine if you have a no-fault contested divorce

If you and your spouse don't agree to all or some of the terms of the divorce, then you have a no-fault contested legal action. When this happens, you'll need to agree on the disputed issues. If you can't agree, you may need to go to mediation or have a trial. In this case, you may need an attorney to help you navigate this process.