how to get divorced in florida without a lawyer

by Prof. Marilou Rath 9 min read

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.

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?

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?

It is important to understand the process of how to file for divorce in Florida without an attorney.There are some things that must be kept in mind as you go about this process, though. First of all, the law in the state of Florida does not require you to get a divorce in order to get custody and visitation rights with your children.

Can I go through a 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.

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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