how much does it cost to have an attorney to file divorce papers in florida

This charge is called a filing fee. Most Florida counties charge $408 to file a divorce, but a few charge $409. Duval County will penalize you for not having an attorney and will add an extra $12 to the cost.

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How much does a divorce really cost in Florida?

How much does a simple divorce cost in Florida? The cost of a divorce in Florida can range from less than $500.00 to over $100,000.00. If the husband and wife agree on all issues, don’t use lawyers and prepare their own paper work, then the divorce will cost $408.00, which is …

What are the requirements for divorce in Florida?

Oct 09, 2019 · Where you file for divorce. Fees for the proceeding vary depending on the court, jurisdiction, or county through which you are filing. In Miami-Dade County, the fee to file a Petition for Dissolution of Marriage is $409. Typically, you must live in a county for a certain amount of time before filing through its court system.

How to file for divorce for free in Florida?

Mar 28, 2020 · Filing Fees The court charges to process a divorce. This charge is called a filing fee. Most Florida counties charge $408 to file a divorce, but a few charge $409. Duval County will penalize you for not having an attorney and will add an extra $12 to the cost. Where do I file divorce papers in Palm Beach County?

What is the Florida law for divorce?

Jul 24, 2020 · How Much Does a Divorce Lawyer Cost in Florida? Divorce lawyers in Florida typically charge between $260 and $330 per hour, depending on their experience and where they are located. Divorce attorneys in larger cities tend to charge more than out-state attorneys.

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 it cost to file divorce papers in the state of Florida?

The filing fee for divorce in Florida is around $408-$409, and it's paid directly to the court when you file the paperwork. There may be additional minor fees for copy-making, and some counties might charge you about $12-15 for self-representation.

How do I file for divorce in Florida for free?

How to File for Divorce for Free in FloridaDetermine whether you qualify to file for and obtain a divorce in Florida. ... Complete and file a petition for dissolution. ... File an application to have your fees waived. ... Attend all required court hearings.

Do you need a lawyer to file for divorce in Florida?

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.

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.5 days ago

How long do you have to be separated in Florida before divorce?

This means that if one spouse has lived in Florida for 6 months or longer and the other spouse has moved to another state, or never moved to Florida at all, it is likely the party residing in Florida can successfully petition the Florida court for a dissolution of marriage.Mar 10, 2018

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.

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

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 do I start the divorce process?

A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred.Jul 9, 2021

How do I start the divorce process 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...•Oct 1, 2020

What documents do I 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.Dec 22, 2020

How much does a uncontested divorce cost 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

Who pays attorney fees in divorce Florida?

General rule of thumb regarding attorney's fees in Florida: Attorney's Based on Need and Ability to pay: Similarly situated incomes – no award of fees; each pays his own fees.May 8, 2020

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 do I file for divorce in Florida for free?

How to File for Divorce for Free in FloridaDetermine whether you qualify to file for and obtain a divorce in Florida. ... Complete and file a petition for dissolution. ... File an application to have your fees waived. ... Attend all required court hearings.

Does the husband have to pay for the wife's divorce lawyer in Florida?

The court considers requiring one spouse to pay for the other's attorney's fees only when a request or petition is made for the fees. This means that a spouse who needs assistance with paying his share of divorce costs must ask the court to make the other spouse contribute to these costs.Feb 28, 2018

Do I have to pay for my wife's divorce lawyer Florida?

Courts are empowered by Florida statutes to award one party reasonable attorney's fees, both on a temporary and a permanent basis. The purpose of this is to ensure that both parties have access to legal counsel that is of the same general caliber.Mar 18, 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

4 Factors That Influence the Cost of Your Divorce

Unfortunately, what people pay for divorce varies greatly, even within the state of Florida. Here are 4 factors that may influence the cost of your divorce:

Do You and Your Spouse Qualify for a Simplified Divorce?

Simplified divorce is the preferred option for many couples because it saves both time and money. However, Florida has strict stipulations for applicants. Generally speaking, simplified divorce is designed for couples who are ending their relationship more amicably—they come to agreements without the aid of an attorney or trial.

Let Our Attorney Help You Estimate the Cost of Your Divorce

For more information, you can research costs of divorce procedures in your specific county. With this extensive list of variables, however, a skilled attorney may be incredibly helpful in determining a more accurate total cost. If you have a better idea of what you will need to pay, you can prepare ahead of time.

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.

Can you get divorced in Florida?

Florida courts allow two types of uncontested divorces in Florida. A Simplified Dissolution of Marriage can be an option for some couples, as long as they meet all of the following conditions: both spouses must agree to using this method of divorce. both spouses agree that the marriage is irretrievably broken.

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.

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.

What are the requirements for a divorce?

In every state, a variety of factors will change the hours required to negotiate and find a divorce agreement such as: 1 Child custody 2 Amount of property 3 Tax advice 4 Alimony (spousal support)

What is the difference between an uncontested divorce and a contested divorce?

Cost Difference Between Uncontested and Contested Divorce. An uncontested divorce (or an amicable divorce that uses mediation) will typically cost less. An uncontested divorce is possible if you can negotiate together and agree on big-ticket items such as who keeps the house.

Can I get divorced if I can't afford it?

While the costs seem high, an important takeaway is that divorce is still attainable. Do not refuse to get a divorce just because you cannot afford it. You may be able to reduce costs by: Asking your attorney for an affordable payment plan. Discussing tactics to reduce time in court with your attorney.

What is alimony in divorce?

Alimony (spousal support) Consider how complex your divorce is when estimating how much it might cost. If you and your spouse own a lot of property and don't agree on its division, for example, you are looking at a longer and more costly divorce. The same is often true in divorces with children.

1. Determine whether you qualify to file for and obtain a divorce in Florida

Before taking next steps, make sure you meet the state's qualification requirements. In general, you or your spouse must have lived in Florida for at least six months before you begin the process.

2. Complete and file a petition for dissolution

A couple begins by filing a petition with the county court. If you qualify for the simplified process, complete a Petition for Simplified Dissolution of Marriage ( Form 12.901 (a) ). Read the form carefully and provide all required information. Type your responses or print them in black ink.

3. File an application to have your fees waived

Each Florida county publishes fee schedules for filing petitions and other documents. The Florida state legislature sets these fees every year. For example, as of December 2018, the fee for filing a petition for divorce in Miami-Dade County is $409. The spouse initiating the filing must also pay an additional $10 summons fee.

4. Attend all required court hearings

The court may schedule a hearing before approving or denying your fee waiver request. Attend all scheduled hearings and provide additional information requested by the court.

What is collaborative divorce?

This type of divorce is a hybrid between hiring an attorney and mediation, which is when both spouses work together to find a solution to their issues.

How to file for divorce on your own?

First, you and your spouse can submit the required paperwork with your local family court. The court will then provide you with the forms you'll need, such as a petition for divorce and a parenting plan, which outlines the care for your children. After you file your documents and wait for the required period mandated by your state laws, you'll appear in front of the judge to finalize your divorce. Make sure you understand the laws of your state when completing your forms for divorce, such as alimony, child support and property distribution.

Is divorce expensive?

By Jennifer Kiesewetter, J.D. Getting divorced is not only an emotional experience, but also costly, especially if you're not prepared and you don't explore your options. If both you and your spouse agree on the divorce, the distribution of your property, and the care for your children, including custody, visitation, and child support, ...

How much does a collaborative divorce cost?

The cost range for a collaborative divorce can start around $10,000, depending on the complexity of your case. You have several ways to get a divorce, and the costs vary.

Is an uncontested divorce more expensive than a contested divorce?

An uncontested divorce is simpler and more cost-effective than a contested divorce, when the parties don't agree on one or more issues. If you're deciding on a divorce, you should understand the divorce process, what options you have, the length of time for the legal proceedings to conclude, and the cost.

How much does it cost to file a lawsuit?

If you use an online service to help you, costs can range from $150 to $1,500 depending on the service itself and your specific situation, in addition to the filing fee.

How much does an attorney charge per hour?

After that, you may have to put down an additional retainer, or your attorney may bill you by the hour. Average hourly attorney fees are anywhere from $150 to $400 per hour.