how to file for divorce in fl without a lawyer

by Claud Jenkins Jr. 10 min read

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.

How to File for Divorce in Florida Without an Attorney
  1. Meet Florida Residency Requirements for 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. ...
  6. Attend A Divorce Hearing.

Full Answer

Can I get divorced without a lawyer in Florida?

To file for divorce in florida, one of the two parties to the divorce must have lived in the state for at least six months before filing with the court.Under florida divorce law, there are five types of alimony a judge can order as part of a divorce.Yes, of course, you can get a divorce in florida without the help of an attorney.

Should you get a divorce without a lawyer?

You'll need to decide whether:

  • you can handle your own divorce case through a do-it-yourself (DIY) method
  • you want to try mediation (with or without an attorney) to resolve disputed issues, or
  • you need to hire an attorney to represent you through settlement and/or in court.

How do you file for divorce without an attorney?

The Divorce Filing Process

  • Fill out the necessary form. ...
  • Make sure to file the petition with the court clerk of your specific county. ...
  • After waiting for about 60 to 90 days, you can go and pick from the county clerk the signed judgment on your divorce. ...
  • When you complete the above steps, you are almost through with filing for your divorce. ...

How to file for an uncontested divorce in Florida?

  • both spouses must agree to using this method of divorce
  • both spouses agree that the marriage is irretrievably broken
  • there are no minor children under 18, no dependent children, and the spouses have no adopted children under the age of 18
  • the wife is not pregnant
  • at least one of the spouses has lived in Florida for the past six months

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Can I file for divorce in Florida without an attorney?

You are not required to have a lawyer to get a divorce in Florida. However, if you have questions about your case, or you and your spouse do not agree on the divorce, then you need to talk to a lawyer. You may also want to consult a lawyer to review your documents before you move forward.

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 much does it cost to file for an uncontested divorce in Florida?

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 much does it cost to file divorce in Florida?

$350 to $410Every county court in Florida requires people filing for a dissolution of marriage to pay a filing fee. This is essentially the fee you pay to have your divorce processed, or recorded, by the court, which makes it legal. The filing fees in Florida vary from $350 to $410 depending on the county.

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.

Is online divorce Florida legit?

Florida divorce online. 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. No-court divorce hearing. Many courthouses in Florida support a no-court hearing divorce process.

Can I divorce without going to court?

An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.

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

There is no specific requirement in the Florida Family Law Rules requiring that the spouses must be separated for days or weeks or months or years before petitioning for divorce. Partially, this is because Florida is a no fault divorce state.

How do I get a quick divorce?

Quick Divorce - how long and how to speed it up!Check the basics. ... Get together and talk. ... Agree your reasons. ... Confirm financial and contact arrangements. ... Find your marriage certificate. ... Contact your local county court. ... Choose the right company.

Can I file my own divorce 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.

What is the process for divorce in Florida?

Here are the steps to get a divorce (dissolution of marriage) in Florida:Step 1: Filing the Petition. ... Step 2: Answering the Petition. ... Step 3: Gathering Additional Information: The Divorce Discovery Process. ... Step 4: Mediation: Negotiating the Terms of the Divorce. ... Step 5: Agreeing on a Parenting Plan.More items...•

How do I obtain divorce papers in Florida?

Divorce records are available for events that occurred within the State of Florida from June 1, 1927 to present. For prior events or to obtain a copy of the final decree, you will need to contact the Circuit Court Clerk in the county where the event occurred. A certified copy of the Certificate of Divorce.

How long do you have to be married to file for a simplified divorce in Florida?

In order to qualify for a Simplified Dissolution of Marriage, you must meet the following criteria: You or your spouse must have resided in Florida for six continuous months prior to filing. Both spouses must sign and agree to all documents filed. No minor children may be involved.

How long do you have to be a resident of Florida to get divorced?

No trial is necessary. Regular Dissolution of Marriage requires that at least one spouse has resided in Florida for at least six months prior to the divorce.

How much does an uncontested divorce cost?

A written agreement must be signed by both parties. In some cases, an uncontested divorce may only cost a few hundred dollars.

What are the issues in divorce?

The thorniest issues in most divorces involve property distribution, spousal support and child custody. If you and your spouse can come to an agreement on all of these issues, it is in your best interests to do so.

What happens if my spouse doesn't answer my divorce question?

If your spouse fails to provide an Answer within 20 days, you may file a Motion for Default. If approved, you may complete the divorce with the judge largely agreeing to the points in the original petition. A default judgment eliminates the need to consider any opinions from the respondent spouse, although it may not relinquish their right to equitable distribution of assets and liabilities.

What happens if my spouse disagrees with my divorce?

If your spouse files an Answer that disagrees with any of the allegations in the Petition for Dissolution of Marriage, or a Counter Petition, then you will face a contested divorce. This can be a costly and lengthy process which almost always requires the services of an experienced divorce attorney.

How long does it take for a spouse to file a counter petition?

Within 20 days, your spouse must file an Answer with the court, which agrees or denies each allegation in the petition. Your spouse has the option of filing a Counter Petition which details additional reasons for seeking a divorce.

What is required to file for divorce in Florida?

In the process of filing for a divorce, Florida law requires you to file the following affidavits: Social Security Affidavit – This statute requires the disclosure of social security numbers, so each party has the ability to subpoena financial and employment records without unnecessary court intervention.

How much does it cost to divorce in Florida?

However, the majority of courthouses do offer a notary public and will notarize your documents for a fee. Divorce filing fees are determined by the Florida Statutes. A simple divorce filing fee in Florida is $408.00 plus a $10.00 summons fee.

What is contested divorce?

In a contested divorce, you and your spouse can’t or will not agree on the division of marital debt, marital property, and/or issues surrounding the children. Although most of our contested divorces start out with highly contentious items on the table, we are most often able to negotiate with your spouse’s attorney to reach an amicable agreement without a trial proceeding. This is called a divorce settlement, which presumes both parties are happy with the terms and can be assured of the end of litigation.

What is alimony in Florida?

Florida alimony is the extension of the marital obligation of spousal support after the divorce. According to Florida’s divorce laws, a court can order alimony if it is “well-founded.” The key factors used to determine alimony in Florida include:

What are marital assets in Florida?

Marital assets include any debts or assets amassed during the marriage. All assets and liabilities will be divided fairly or equitably upon divorce (equitable distribution). If you had assets before marriage, they’ll be considered “non-marital assets” — as long as they were kept separate from the marital property. Florida courts will consider you and your spouse’s contributions to the marriage, including care for your marital home and care for children, as well as economic circumstances.

How long does it take to get a financial affidavit in Florida?

Florida divorce laws require both parties to complete a financial affidavit within 45 days of your petition being served — even if you and your spouse have no property. The financial affidavit will clearly disclose all assets and liabilities. To assist in the completion of this document, make sure to have:

What are the factors that determine alimony in Florida?

The key factors used to determine alimony in Florida include: The length of the marriage and standard of living enjoyed during the marriage. Physical condition and age of each spouse.

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What Is Due Diligence When Trying To Find the Absent Spouse?

To prove that you have tried everything in your power to locate your spouse, you will need to:

Found Your Spouse? File for an Uncontested Divorce!

If all goes well and you locate your spouse, the chances are that they’ll want to get a divorce as well.

Make a Divorce Settlement Agreement With DoNotPay

If you want a divorce settlement agreement that covers all the necessary items and statements for your uncontested divorce, turn to DoNotPay for help. Our app will handle the process in a fast and simple manner. You only have to complete four simple steps:

DoNotPay Has More Information About the Divorce Process

Take a look at the table below to see the common questions about getting a divorce and the state-specific process in Florida:

Work Smarter, Not Harder!

Although there are certain tasks that are a pain but can’t be avoided, such as paying your property taxes, you don’t have to do them the hard way. There is always a way to make the overbearing bureaucratic procedures a bit easier. DoNotPay can find a loophole and help you cut through the red tape!

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