what does a lawyer initially need when filing for a divorce in florida

Full Answer

What do I need to file for divorce in Florida?

In order to file for divorce in Florida, at least one party must either be a Florida resident or be stationed with the military in Florida. You or your spouse must have lived in Florida for a minimum of six months before filing for divorce. You will also need to provide a Florida driver’s license for proof at the time of the hearing.

How long does it take to get a divorce in Florida?

In order for a legally begin a divorce in Florida, a spouse must file a “Petition for Dissolution of Marriage” in a county in which one or both of them live. After the filing of the petition, the paperwork must be served to the other party. They have approximately 20 days to respond in which to respond.

How can I get a legal separation in Florida?

Some links may be from our sponsors. Here’s how we make money. Marriages in Florida can end through an annulment or by divorce. Legal separation is not recognized or permitted in the state. Florida is a no-fault state, and a spouse only needs to claim that a marriage is “irretrievably broken” or that one of the parties is mentally incapacitated.

Do you have to live in Florida to get a divorce?

Residency is Required In order to file for divorce in Florida, at least one party must either be a Florida resident or be stationed with the military in Florida. You or your spouse must have lived in Florida for a minimum of six months before filing for divorce.

What is the first step in filing 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...•

What documents do you need to file for divorce in Florida?

What Documents Do You Need for Your Divorce in Florida?A divorce petition. The spouse who files for divorce first is required to submit a petition. ... A counter-petition. ... A financial affidavit. ... A parenting plan.

What are the requirements to get divorced in Florida?

both agree the marriage can't be saved. there are no minor (under 18) or dependent children, and no children are expected. neither spouse is seeking alimony. both spouses have agreed to a written settlement dividing assets and debts, and.

What documents are needed to file for a divorce?

What Documents do I Need to File for Divorce?Copy of Your ID Document and/or Passport,Proof of Your Income Tax Number (Salary Slips / Tax Return) and.Proof of Your Residential Address.

How much does the average divorce cost in Florida?

$13,500According 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.

Can you get a divorce without going to court in Florida?

In cases of standard uncontested dissolutions of marriage, only one spouse is required to appear at the final hearing. This means that one of you will never have to go to court to actually be granted a divorce.

Is spouse entitled to 401k in divorce in Florida?

In Florida, any property acquired during marriage, including a pension or 401(k) plan, needs to be split equitably between you and your spouse. While there may be a presumption that division of property should be equal, equitable distribution does not always mean a 50/50 split.

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.

Does it matter who files for divorce first in Florida?

“Since Florida is a no-fault divorce state, it does not matter which of the spouses files for divorce first,” says our experienced divorce attorney Fort Lauderdale. “When divorce papers are filed, neither party has a legal obligation to provide a cause of the dissolution of marriage.”

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.

Do you have to show bank statements in divorce?

If you are going through a divorce, separation or attending mediation, there is a duty of full and frank financial disclosure. This means that it is necessary for you and your spouse/partner to completely and honestly disclose your true financial positions.

Can a lawyer request bank statements?

A lawyer can ask you for a financial statement during settlement discussions, but you are not required to provide the information.

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...