how to get divorce in florida without a lawyer

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.
• 7. File the Final Disposition with the Clerk.

Full Answer

Can I get divorced without a lawyer in Florida?

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... 2. Get a Petition for Dissolution of Marriage. The first document that you should file to divorce in Florida is a... 3. ...

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 to do your own divorce without a lawyer?

In Florida, a divorce is referred to as a dissolution of marriage. 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.

Can I go through a divorce without an attorney?

Mar 10, 2022 · Summary: File for Divorce in Florida without a Lawyer How to file for divorce in florida without an attorney. Filing for divorce is commonly depicted as a long legal issue with lawyers for both sides battling in the courts. Nonetheless, divorces can be carried out without attorneys included as long as bo … Match with the search results ...

Can you get divorced 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 in the state of Florida to get a divorce?

Florida Statute 61.021 answers our question succinctly, “To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.” Read carefully.Mar 10, 2018

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.

Can I get a divorce without my spouse knowing in Florida?

You can get divorced in Florida even if you don't know the whereabouts of your soon-to-be ex, but you have to prove you cannot find them. Under Florida law, you (the petitioner) have to exercise “due diligence” when attempting to find the lost spouse.

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.

How do I start the divorce process?

To start the divorce you will need to the following: File a document, called a Petition, to the Court to initiate the divorce process. Only one spouse can file for a divorce (the Petitioner). The other party is known as the Respondent. ... Apply for a Decree Nisi. Apply for a Decree Absolute.

Can I get a divorce without my spouse knowing?

Now, though, it's possible to file for divorce even when you don't know where your spouse is. The only catch is that you can't get a divorce without at least attempting to formally notify your spouse about the proceedings.

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

Applying for a divorce can be a difficult decision to make, especially if you're not sure your partner will sign your petition. Crucially though, you don't need your partner's consent to get a divorce. Although it may be a long process if your partner doesn't comply, they won't be able to stop you indefinitely.Feb 2, 2022

Can you 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.Apr 26, 2018

How much does divorce cost in Florida?

The average cost of divorce in Florida is $13,500 without children or $20,300 with children, according to USA Today. However, the actual cost of a divorce in Florida can vary by tens of thousands of dollars based on the type of issues involved in the case and how those issues are resolved.Jul 24, 2020

Can a judge deny a divorce in Florida?

Legal Library Since it is not a requirement in Florida for both spouses to agree on divorce, a court may grant a divorce even if one spouse refuses it. Courts in Florida grant divorces based only on two grounds: irreconcilable differences, which are the most common reason, or mental incapacity.Jan 25, 2013

Is Florida a 50 50 state when it comes to divorce?

Under Florida divorce law, all marital property is subject to an equitable distribution. Typically, the court will divide marital property 50/50, unless there are reasons why an equal split would be inequitable (unfair).Sep 23, 2020

1. Determine whether you qualify to file for and obtain a divorce in Florida

Before taking next steps, make sure you meet the state's qualification requirements. In general, you or your spouse must have lived in Florida for at least six months before you begin the process.

2. Complete and file a petition for dissolution

A couple begins by filing a petition with the county court. If you qualify for the simplified process, complete a Petition for Simplified Dissolution of Marriage ( Form 12.901 (a) ). Read the form carefully and provide all required information. Type your responses or print them in black ink.

3. File an application to have your fees waived

Each Florida county publishes fee schedules for filing petitions and other documents. The Florida state legislature sets these fees every year. For example, as of December 2018, the fee for filing a petition for divorce in Miami-Dade County is $409. The spouse initiating the filing must also pay an additional $10 summons fee.

4. Attend all required court hearings

The court may schedule a hearing before approving or denying your fee waiver request. Attend all scheduled hearings and provide additional information requested by the court.

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

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. The wife may not be pregnant. You and your spouse agree to asset division in writing. No spousal support for either spouse is desired.

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.

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.

Can I get divorced in Florida without an attorney?

Florida permits you to apply for a divorce pro se, i.e. without an attorney. This process can be easily completed with the assistance of an online divorce service that will allow your to complete your paperwork in less than an hour. For $299, 3stepdivorce.com will walk you through creating all of the necessary divorce forms in hours not days, and they also provide a step-by-step guide through the Florida divorce process as well.

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.

How to serve divorce papers to spouse?

There are a number of methods to serve divorce papers to a spouse: Entrust service of process to the county Sheriff’s office. Provide legal notice in person. Deliver the papers via mail to the respondent’s legal representative, home or business. Use a process server.

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!

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.