how to get divorce in florida without lawyer

by Lucas Crist Published 3 years ago Updated 2 years ago 9 min read

How to File for Divorce in Florida Without an Attorney

Meet Florida Residency Requirements for Divorce. Before you start the filing process, you need to make sure that you...
Get a Petition for Dissolution of Marriage. The first document that you should file to divorce in Florida is a...
Sign and Submit the Petition. After you have successfully completed the...

Full Answer

How to file for divorce in Florida without an attorney?

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. ...

How do you file for divorce without an attorney?

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.

Should you get a divorce without a lawyer?

Jun 18, 2021 · You do not need a lawyer to get divorced. In fact, most cases filed in Miami-Dade County have at least one unrepresented party. Sometimes both are unrepresented. When one or both parties are unrepresented, they are referred to as “ pro-se litigants .” Help for couples without legal representation in Miami

How to file for your divorce without a lawyer?

Feb 27, 2022 · To do it by rights, you need to know what the steps to getting a divorce in Florida are and which obstacles you might encounter on the way . 1. Meet Florida Residency Requirements for Divorce. Before you start the file work, you need to make certain that you meet all the disassociate requirements in Florida.

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.

Do you need an attorney in Florida for divorce?

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 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 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.May 20, 2021

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.

Is Florida a 50 50 state in a divorce?

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.

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

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

When a married couple files for divorce in Florida, there will be an “equitable distribution” or the division of marital assets and liabilities. See Florida divorce law 61.075. Usually, the court will divide marital assets and liabilities 50/50 unless there are factors that would make an equal split inequitable.Sep 23, 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.

Can you divorce without a lawyer?

A mutual consented divorce is an easier and faster way you can get a divorce without a lawyer. For obtaining a divorce mutually, both the parties must agree that the divorce should take place, and decided on other relevant factors.

How much does the average divorce cost in Florida?

$13,500

According to the 2020 study, the average divorce in Florida costs $13,500, including $11,600 in attorneys' fees. Attorneys' fees make up a large portion of the cost of divorce because the average hourly rate for attorneys in Florida is $295.

How much does it cost to file divorce in Florida?

Every 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.Jul 24, 2020

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.

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 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 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 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.

How long does a divorce trial last?

Although the actual trial may only last a few hours or days , there may be months of discovery and trial preparation which can run the cost of the divorce into the tens of thousands of dollars. You will need legal counsel to guide you through the intricate litigation process. Your spouse will likely hire an attorney.

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.

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.

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."

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).

What is irretrievably broken?

the marriage is irretrievably broken (this means there is nothing the husband and wife or the court can do to fix the marriage). All divorce cases, regardless of type, are handled in the Circuit Court division of the Florida court system.

What is an uncontested divorce in Florida?

An uncontested divorce is the quickest, easiest path to dissolving a marriage in Florida. It can save time, money and anxiety, allowing each person to more peacefully move on with the next part of their lives. Florida courts allow two types of uncontested divorces in Florida.

How long does it take to get divorced in Florida?

It generally takes about 4-6 weeks to finalize uncontested divorces in Florida. Part of this process has to do with a mandatory 20-day waiting period, court backlogs, final hearing scheduling issues, and other administrative processes.

How much does it cost to file for divorce in Florida?

In the state of Florida, the filing fee for an uncontested divorce is $408 plus a $10 summons fee. You will also need to pay a small fee to have a process server or sheriff’s deputy serve papers on your spouse, but this should be less than $100. If you can’t afford to pay the fees, you can request a waiver.

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

Florida divorce law requires that one or both spouses must have lived in Florida for at least six months prior to filing for divorce.

Is divorce a complicated process?

Contrary to popular belief, divorce does not need to be a complicated, contentious process. An uncontested divorce is the quickest, cheapest way to move on to the next chapter. But it does require cooperation. You and your spouse need to work together to resolve the terms of your divorce settlement. One of the biggest hurdles to doing so is fear ...

How much does a divorce attorney charge?

By contrast, divorce attorneys can charge anywhere from $150 to $500 for consultations and other related services in a contested divorce.

Do you have to go to court for an uncontested divorce?

Although you don’t have a trial in an uncontested divorce, as part of the settlement agreement process, you’ll still need to appear in front of a judge for a brief divorce hearing. During the court appearance, the judge will review the terms of the divorce and may ask a few questions before approving the Final Decree.

Can You Get a Divorce in Florida without Going to Court?

So, can you get a divorce in Florida without going to court? The short answer, for every scenario except standard uncontested dissolution, is no. You will have to be present in court for your divorce.

Contested Divorce

When you and your spouse do not agree on the central issues at hand, your divorce is considered contested. Some of the most common disagreements during divorce pertain to division of assets and debts, alimony, child support, and child custody. In a contested divorce, the court will rule on all these issues, and both parties need to be present.

Uncontested Divorce

If you and your spouse agree on all of the central issues of your divorce, your divorce is considered uncontested. Within uncontested divorce, your situation may require you to go through either standard uncontested dissolution or simplified dissolution.

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!