how to choose a divorce without a lawyer in florida

However, divorces can be conducted without attorneys involved as long as both parties are able to agree to the terms of the divorce. Simplified Dissolution of Marriage Florida divorce law provides a process called a 'Simplified Dissolution of Marriage.'

Full Answer

Can you get a divorce without going to court?

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.

Can you get divorce in Florida without going to court?

Yes, of course, you can get a divorce in Florida without the help of an attorney. Anyone can represent themselves in court. But should you? Let’s say you and your spouse agree on virtually every aspect of how you want your divorce to unfold. You have no animosity toward one another. In fact, you are still friends even though your marriage is over.

How do I get a simple divorce in Florida?

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How to divorce without going to court?

Jan 27, 2022 · Generally, Florida divorce law will require you to locate and personally serve the opposing with the divorce petition. Thus, if you cannot find your spouse, you will need to take other steps to provide proper notice.

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.

Do I have to go to court for uncontested divorce in Florida?

In a Florida uncontested divorce, the attorney draws up a Marital Settlement Agreement which the parties sign. And the parties then go to Court for a very short final hearing. (It is usually not necessary for both parties to attend the final hearing.)

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.16 Feb 2019

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 easiest way to get divorced?

Here's how to get an uncontested, quick divorce; Communicate with your spouse throughout the process. Find your marriage certificate before starting divorce proceedings. Find valid grounds for divorce and agree with your spouse. Ask your spouse to promptly complete and return paperwork.

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.

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.

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

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.20 May 2021

How long does divorce take in Florida?

An uncontested divorce can take as little as four to five weeks. If the matter is contested — that is, the court must decide any of these issues — it can take six months or longer. In counties where the courts are extremely busy, it can easily take a year or more.

Can I get a divorce without going to court?

It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.26 Apr 2018

Do both parties need to agree to divorce?

Contested and Uncontested Divorce In order for a divorce to proceed swiftly through the Court both people should mutually agree to the divorce taking place. However, if one person does not wish to comply with divorce proceedings and refuses to respond to the divorce petition, there are options available.19 Sept 2019

What happens if spouse does not respond to divorce papers Florida?

When a party does not respond to a petition, a default divorce can be entered. Typically, when served with a Florida divorce petition, there are only 20 days to file a response. If a response is not filed on time, the petitioner (person filing the case) can request a default divorce be entered against the other party.22 Sept 2020

What is common-law marriage?

Common-law marriage is a union that has never been formally registered with the State. Therefore, there was no official ceremony or marriage certif...

Can I divorce if I don't know where my spouse is?

Yes, you can still obtain a divorce in Florida if you do not know where your spouse is. If you are unable to serve your spouse personally, you may...

Can I file for divorce in a newspaper?

Yes, Florida does allow for service by publication (newspaper). However, the publication is the last resort for service under Florida's state law....

Is adultery a factor in Florida divorce cases?

Since Florida is considered a no-fault divorce state, adultery is usually irrelevant to the case. However, adultery can become a factor if there is...

Is an uncontested divorce less expensive?

Yes, an uncontested divorce should be less expensive than a traditional or contested divorce with litigation. Some law firms may even offer a flat-...

How do I file for divorce in Florida?

Florida is a no-fault state; therefore, you won't have to provide evidence of adultery or abuse for a divorce. State law only requires you to alleg...

Does Florida have common-law marriage?

Florida permitted common-law marriage until 1968 when it enacted Florida Statute 741.211. The statute abolishes a common law marriage in Florida en...

Do I need my spouse to sign for divorce in Florida?

No, Florida does not require your spouse to sign the divorce papers. However, if you are unable to serve your spouse with the divorce papers person...

How is property divided in a divorce?

Florida is an equitable distribution state, meaning that all marital property is subject to a 50/50 divide unless there are reasons why an equal sp...

What is needed to file a divorce in Florida?

Florida is a no-fault state. Therefore, you won't have to provide evidence of adultery or abuse for a divorce. The state's law only requires you to...

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 ...

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.

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 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.

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.

Qualifications and experience as a Divorce Lawyer in Florida

The divorce lawyer you choose must be licensed to practice law in the state of Florida. In order to be licensed, a lawyer must be a graduate from an American Bar Association accredited law school. He/she must have passed a professional responsibility exam and the Florida Bar Exam, and must have received a Certification of Character.

Divorce process you want

The first thing you need to do while choosing a divorce lawyer is to decide what kind of divorce process you want to go for, whether you want mediation, collaborative divorce, litigation, or some other form of divorce. Based on your decision, you should scout for a divorce attorney who is best suited to the kind of divorce you want.

Identify at least three to four potential attorneys

Never be in haste while choosing a divorce lawyer. They are not all the same. So short list at least three to four prospective divorce lawyers to interview before you make a decision.

Look for red flags

Unfortunately many attorneys, just to close the deal, tend to tell you what you want to hear. While this is a matter of life for you, for them it’s just business. There are no guarantees in this process, so if an attorney makes any promise, don’t believe it.

Weigh the costs

Handling a legal matter is rarely inexpensive, and a divorce case is no different. Ask the lawyers you interview, about their fees. Most lawyers charge hourly fees and also require a retainer, an advance fee. Some lawyers might also negotiate their fees based on the anticipation of a favourable settlement.

What are the requirements for an uncontested divorce?

To be eligible for one, you will need to meet the following requirements: You and your spouse should agree on all issues, such as: Division of property. Child custody and child support. Parenting time and taxes. Your spouse has not retained an attorney. Neither party is in the military.

How to file for divorce without a lawyer?

To file for a divorce without a lawyer, you will have to fill out the divorce forms, such as the petition for divorce and the divorce settlement agreement. Most states offer uncontested divorce forms that you can download or get in your country courthouse. Once you get them, you will have to:

Does my spouse have an attorney?

Your spouse has not retained an attorney. Neither party is in the military. Neither one of you has substantial investments. There cannot be: Many marital assets to be distributed. A need for alimony. Any pension and retirement plans to distribute. History of domestic violence in your marriage.

What is the advantage of DoNotPay?

Using DoNotPay comes with plenty of advantages, the main one being that you can resolve just about anything in a matter of clicks. It doesn’t get any easier than that!

Do you have to be physically separated to get a divorce?

Some states will ask that you are physically separated from your spouse for a while before filing for the divorce, or you may need to provide proof of residency.

Is divorce free online?

Various online agencies offer divorce preparation services and agreement templates, and some of them are even free. Before choosing an agency for an online divorce, you will need to do a thorough check on them. Make sure you get the correct forms and that the agreement is fair to both you and your spouse.