how do i apply for a financial divorce florida without an attorney

by Blair Waters 7 min read

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.

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

How do I file for divorce without a lawyer in Florida?

5. Finalize Florida Marital Settlement Agreement. Getting a divorce without an attorney means that you have to draft your Settlement Agreement on your own. This is an extremely important form in your packet of Florida divorce documents, in which you will detail the agreement you and your spouse reached regarding your marriage dissolution.

How do I get a divorce in Florida if I have children?

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 can I get a legal separation in Florida?

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 By Elijah Paster, Associate Attorney Attorney Elijah Paster, an experienced family law attorney with Law Group, P.C., reminds divorced parents to make the extra effort to stay ...

What is a simplified dissolution of marriage in Florida?

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Can I file my own divorce papers in Florida?

Filing for divorce is often portrayed as a long legal matter with lawyers for both sides fighting in the courts. However, divorces can be conducted without attorneys involved as long as both parties are able to agree to the terms of the divorce.

Can you get divorce in Florida without going to court?

Both spouses must also complete a financial affidavit within 45 days of having the divorce paperwork served. 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.Dec 17, 2019

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

How much does a uncontested divorce cost in Florida?

The cost of uncontested divorce in Florida is: Under $500 if you complete the paperwork yourself and file without a lawyer. Under $650 if you get online help with the paperwork and filing instructions to file without an attorney. Around $3,000-$5,000 if a lawyer takes care of everything.

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.

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

Unopposed divorces An uncontested divorce can arise in two instances, the first being a situation where the sheriff has served the summons, and your spouse fails to defend the action. In this instance, the court may grant you a decree of divorce by default.Aug 7, 2019

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.

What forms are needed 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.Dec 22, 2020

What is a Uncontested divorce?

In an uncontested divorce, the husband and wife have to file a petition in the family court of the location where they last lived. After receiving the petition and recording the statement of both the spouses, the court adjourns the matter for 6 months.Oct 22, 2019

How long does a uncontested divorce take in Florida?

An uncontested divorce can take as little as four to five weeks. If the matter is contested — that is, the court must decide any of these issues — it can take six months or longer. In counties where the courts are extremely busy, it can easily take a year or more.

How long do you have to be separated in the state of 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

How can I get a divorce fee waived in Florida?

You can ask the court if you can file your case without paying court fees by filling out an Application For Determination Of Civil Indigent Status. You will still need to pay a $25 administrative fee and you may be enrolled in a payment plan with the Clerk.Nov 14, 2019

Weighing the Risks

Before hiring a Florida divorce attorney, consider what is at risk. Most individuals have significant financial assets on the line. There are also emotional risks to consider. Think about the things that a divorce affects:

4 Benefits of Having a Miami Divorce Attorney

1. Going through a divorce is often a very emotional process. Unfortunately, sometimes judgment becomes clouded when emotions are involved.

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 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.

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 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.

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.

Who is Jason Crowley?

Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. Jason is the managing partner of Divorce Capital Planning, co-founder of Divorce Mortgage Advisors, and founder of Survive Divorce. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets.

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 ...

What information is required to file for divorce in Florida?

This includes all bank account information, titles and deeds, retirement account statements, tax returns, pay stubs or income information and debt information. Each party must file a Florida Family Law Financial Affidavit.

How long does it take to file a motion for default in Florida?

Spouse’s Default in Florida. When a person files for divorce in Florida, the respondent must file an answer within 20 days as an Answer to the Petition. If a respondent does not reply within 20 days , the petitioner can file a Motion for Default.

What are the factors that affect child support?

There are specific factors that will be considered that will possibly adjust child support amounts. They include: 1 extraordinary medical, psychological, educational, or dental expenses 2 independent income of the child 3 the custodial parent receiving both child support and spousal support 4 seasonal variations in a parent’s income or expenses 5 the age of the child, taking into consideration the greater needs of older children 6 any special needs of the family 7 terms of any shared parental arrangement 8 the total assets of the parents and the child 9 the impact of any IRS Dependency Exemption 10 any other reason that should be considered in order to make the child support payments equitable.

What is Florida's child custody law?

Florida bases child custody on the best interests of children in a dissolution of marriage and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act. Assuming there are no negatives, courts will seek to ensure that both the mother and the father play an active role in raising children.

What is marital property in Florida?

Marital Property in Florida. The distribution of marital assets and debts in Florida is covered by Chapter 61 of the Florida Statutes. While some states are known as community property states, Florida is governed by equitable distribution.

How is child support calculated in Florida?

Child support is typically calculated using a Child Support Worksheet which determines the amount of support based on a number of factors including each parent’s income, taxes, retirement contributions, and others.

Who is Jason Crowley?

Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. Jason is the managing partner of Divorce Capital Planning, co-founder of Divorce Mortgage Advisors, and founder of Survive Divorce.

What is the number to call for divorce in Florida?

If you have any questions regarding the financial disclosures that are mandatory under Florida Family Law, or have questions about divorce in general, give us a call at +1.786.309.8588. Related Incoming Search Terms: – lying on divorce disclosures. – divorce disclosure of assets. – divorce disclosure statement.

What is a Florida financial affidavit?

The financial affidavit (itself) is an overview of assets, debts and liabilities, including your monthly expenses.

What is mandatory disclosure in Florida?

Mandatory disclosure refers to the required revelation of certain financial information, as dictated by the Florida Family Rules of Procedure. * Any other documents showing ownership of any asset or any liability. It is also mandatory that each party file a Florida Family law Financial Affidavit.

What to do if you can't get documents?

If you can obtain the documents, state the amount of time required to get the documents into your hands.

How is child support determined?

Child and Spousal Support. Child support is determined following an equation dictated by statute. It is designed so that each parent pays a fair share for their children’s care and is based on a percentage of each party’s income. Spousal support is not as easy.

What information is needed to file a student loan?

Include all information such as balances owed, interest rate, payment schedule and the school, and what period of time you or your spouse received the loan.

What is an exhibit A on a grant deed?

Copy of the current Grant Deed (s) with Exhibit “A” (legal description) on each property that shows how title is held (if the title has been changed, provide copies of all deeds from the time of acquisition). The Deed of Trust or Note is not needed.

Who is Jason Crowley?

Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. Jason is the managing partner of Divorce Capital Planning, co-founder of Divorce Mortgage Advisors, and founder of Survive Divorce.

Do you need a financial analyst for divorce?

Depending on the complexity of your divorce, you may need a lot of documentation to give to your lawyer or Certified Divorce Financial Analyst . The more organized you are upfront will not only save you time and stress, but it will also save you money as well.

Do you have to disclose your finances during divorce?

If you’re in the dark about your finances, that’s okay. You and your spouse will be required to complete financial affidavits (disclosures) as part of the divorce process. The goal at this point is simply to begin identifying the puzzle pieces.

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