florida court self help when other attorney dragging out divorce

Yes, most times it can. If you and your ex get along, are already separated, and she has served you with self-help paperwork, you can protect your rights as your own attorney through self-help forms. Use of these forms can save you money, and keep a good co-parenting relationship intact, regardless of who starts the process.

Full Answer

How do I get help with family law in Florida?

Divorce is never easy for anyone involved, including the extended families of each of the parties. Knowing how to navigate the divorce process and get the right type of Florida divorce help can be a terrifying prospect. That is why we offer 100% free consultations, so that you can find out why our team is the best choice when it comes to filing ...

How can the family court self-help program help you?

A new self-help process to assist pro se litigants with simple dissolution cases is now available for review by Florida lawyers and others. If ultimately approved by the Supreme Court, the self-help process would be available to couples without children or significant real estate assets via the Florida’s online portal for filing cases.

Why do I need a Florida divorce attorney?

Family Court Self Help Program Locations. For general information and scheduling on the Self Help Program please contact: Lawson E. Thomas Courthouse Center. Address: 175 NW 1st Avenue Room 2441, Miami, Florida 33128. Telephone: (305) 349-7800.

Where can I get legal advice in Florida?

The Family Court Self-Help Program can assist you with the purchase of the correct packet, review of your forms once completed, and instructions on how to file and proceed with your case. ... and the other party files a response and agrees to get a divorce, and you file with the Court a Marital Settlement Agreement that handles all issues ...

How long does a judge have to answer a motion Florida?

Once a court holds a hearing on a motion, the court has thirty (30) days to rule of the motion.

Do I have to go to court for uncontested divorce?

The Divorce Process In order to get divorced, there is generally no need to go to court at all. ... In an uncontested divorce therefore, whilst it is not possible to get divorced without the court, it is extremely rare to have to go to court in order to get divorced.

How long does a uncontested divorce take in Florida?

A divorce can take anywhere between 3 and 24 months depending on whether it is contested or uncontested. The average uncontested divorce takes 3 months. The average contested divorce takes 12 months.Mar 10, 2018

How long do you have to be married to get half of everything in Florida?

You can only get it for up to the amount of time that you've actually been married. If you've been married for 7 years, you may be entitled to up to 7 years' worth of durational alimony.Mar 3, 2016

Is divorce free after 5 years separation?

If you have been separated for 5 years you are entitled to apply for divorce, even if your spouse does not consent. Your spouse can only oppose the divorce if they can argue that ending the marriage would result in serious financial or other hardship.

How much does a divorce cost if both parties agree?

If both parties agree on all major issues, known as an uncontested divorce, you can keep the costs relatively low. If you do your own divorce papers and your divorce is amicable, costs could be under $500. Of course, there are filing fees in all states, which increase the cost.

How much does it cost for a uncontested divorce in Florida?

The cost of uncontested divorce in Florida (the filing fee paid to the Clerk of Court) is approximately $408.00 along with the statutory convenience fee charged to both pro se litigants and attorneys. The price works out to be about $424.00 with the court's small additional fee.Apr 13, 2020

Can you get divorced online in Florida?

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. ... When you go for the no-court divorce option, your hearing process will most likely be final in less than 30 days.Dec 23, 2019

How much does the average 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

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

Earning capacity and education of both parties. Contribution of each spouse to the marriage, including financial contributions. Tax treatment of both parties. Both parties' parenting responsibilities.Jul 23, 2019

Is FL A 50/50 divorce state?

Is Florida a 50/50 Divorce State? Florida operates as an equitable distribution state. Under this approach, marital assets are divided equitably. ... Instead, assets are split fairly, which means that divorcing couples may or may not split their assets 50/50.Nov 16, 2020

How much 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

What is a no fault divorce in Florida?

A no-fault Florida divorce is a divorce based on “irreconcilable differences.”. This means that both parties can agree that irreconcilable differences have caused an irretrievable breakdown of the marriage and future efforts at reconciliation would not be in the families’ best interests.

How long does it take to get divorced in Florida?

Once these requirements are met, you can be divorced in as little as 20-days under Florida divorce law.

Is divorce easy in Florida?

Divorce is never easy for anyone involved, including the extended families of each of the parties. Knowing how to navigate the divorce process and get the right type of Florida divorce help can be a terrifying prospect. That is why we offer 100% free consultations, so that you can find out why our team is the best choice when it comes ...

What is alimony in Florida?

Alimony, otherwise known as spousal maintenance , was designed as a means of financial assistance for one spouse during a divorce and/or after the divorce ends. Florida alimony laws provide for different types of alimony to be paid in different situations. A Florida divorce judge will decide which type of alimony, if any, applies to your specific case by taking into account numerous factors, including all sources of income of each party, the age and physical abilities of each party, the standard of living during the marriage, and the length of the marriage, to name of a few of the important factors. Florida alimony laws are currently in a state of flux at the moment, big changes may be on the horizon. Because Florida divorce laws allow for permanent alimony in some instances, it is essential that an individual going through a divorce speaks with an experienced expert Florida divorce attorney to get the family law advice and help they need.

Can you get divorced in Florida without a fight?

While it is nice to think that it’s possible to work out your divorce amicably, in some instances, emotions are running too high to get you and your spouse through it without a fight. The fight may be over child custody or property division, and these issues can turn what could be an uncontested matter into a disagreement that forces you into court. With highly trained Florida divorce attorneys on your side, you have the opportunity to get what you deserve. When one spouse believes that they should have custody of the children, a bigger portion of the savings, or the marital home, disagreement can quickly turn into a battle royale. This is when it pays to have the right Florida divorce advice to put you on the path to getting you exactly what you deserve.

What is equitable distribution in Florida?

Equitable means something a little different in Florida than in other states. Equitable does not necessarily mean fair, it means something a little closer to equal.

What is a visitation schedule?

This is commonly known as a visitation schedule or a parenting plan.

What can a law librarian do?

Law Librarians can help you research your case but are not permitted to give legal advice. Find a law library near you. Court Clerks. Your local Clerk of Court’s office can answer your questions about paper and/or electronic filing procedures and filing fees.

Can court staff take sides?

There are many ways to get help at the courthouse. Please understand that court staff cannot take sides or give legal advice but they can point you in the right direction.

What is language help?

Language Help (Interpreters) If you cannot speak English well, learn about court interpreter services to help you. Americans with Disabilities (ADA) Each court has a person available to help people with disabilities. Find contact information, how a request is made and handled, and learn about the services and aids that courts can provide.

What happens if you don't respond to a divorce petition?

Your spouse’s failure to respond will be treated as an agreement to your terms. You’ll have to prove to the court that you provided your spouse with proper notice of the divorce.

How to speed up divorce?

For some couples, divorce is often a long and painful process. But it doesn’t have to be. Your divorce can move forward amicably and at a reasonable pace. Even spouses who drag their feet in a divorce don’t necessarily control the process. You and your attorney can discuss ways to get your divorce going ...

How long does it take for a divorce to be uncontested?

However, in most cases one spouse files and serves a divorce complaint and the other spouse has 20 or so days to file a response.

How long do you have to wait to get divorced?

For example, in many states there’s a mandatory waiting period in a contested divorce. That period can force a couple to wait anywhere from 30 to 90 days from the time they submit their divorce paperwork to when the judge will sign off and grant the divorce.

What is the Florida Commission on Access to Civil Justice?

The Florida Commission on Access to Civil Justice is studying the unmet civil legal needs of disadvantaged, low-income, and moderate-income individuals to identify and remove economic and other barriers to civil justice.

Can self help staff provide legal interpretations?

Self-help staff cannot provide legal interpretations or advice. If you have a question about finding a form, difficulty downloading a form or if you have a disability and cannot use a form, in its current state, contact the Florida State Courts System’s Self-Help Center at [email protected] or call (850) 921-0004.

Alyssa Candace Vaughn

Thank you for your question.#N#The amount of time a divorce takes depends on the parties and the lawyers involved and the complexity of the issues in the case so it is hard to say if four years is too long.

Jennifer H. Keaton

Four years is a long time. However, it may not be a long time if you and/or your wife cannot agree on a settlement. Civil matters, such as divorce, do not require a "speedy trial" (that's for the criminal matters). So, any gamesmanship by you, the wife, or the attorneys may have little to do with getting a divorce...

Paula Jeanette Mcgill

Talk to your attorney about the matter. If he doesn't give you a satisfactory answer, retain another one or handle the matter yourself. However, the judge won't discuss the case with you as long as you are represented by an attorney.