how to file a divorce in florida without an attorney

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.

Full Answer

Can I get divorced without a lawyer in Florida?

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.

Should you get a divorce without a lawyer?

1. Meet Florida Residency Requirements for Divorce. Before you start the filing process, you need to make sure that you meet all the divorce requirements in Florida. One of them is maintaining a residence in the state for at least 6 months. It would not be necessary for both of you to be residents to start a divorce in Florida – only for the filing party.

How do you file for 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. However, if you and your …

How to file for your divorce without a lawyer?

If you qualify for Florida's Simplified Dissolution of Marriage process, you may not even need an attorney to represent you. 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 …

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 can I get a simple divorce in Florida?

Follow these steps to get a simplified divorce.Determine your eligibility for a simple divorce. Not every couple qualifies for a simple divorce in Florida. ... Complete and file the petition. ... Complete a marital settlement agreement. ... File proof of residency. ... Provide a cover sheet and pay fees. ... Attend your court hearing.

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

Can You Do Your Own divorce in Florida?

Getting A Do-It-Yourself Divorce in Florida. Florida allows you to fill in your own forms and present them to the court to begin the dissolution of marriage process. ... This do-it-yourself divorce approach is ideal when you know you and your spouse can come to an agreement to pursue an uncontested divorce.

Can you file divorce 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

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.

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

How long do you have to be separated in 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 do I start the divorce process?

How to start a divorceStep 1 – Can you do it yourself? It is possible to handle your divorce yourself, without legal advice. ... Step 2 – consult a family lawyer. ... Step 3 – Go to court. ... Step 4 – Self-care.Mar 5, 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

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

In Florida, property is divided 50-50 if it is considered “marital property” – or property that was acquired by either spouse during the marriage. Non-marital property, which is property either spouse acquired before the marriage, is not divided equally.

How to file for divorce in Florida?

The simple steps for filing your divorce with Online Florida Divorce are as follows: 1 Fill out our quick questionnaire that will help you fill out the required divorce documents. 2 Once you are done, either print your documents yourself or wait for documents to arrive by mail, then sign the completed documents. 3 File the Petition for Dissolution of Marriage and any additional necessary related documents with the clerk of courts in your county of residence. 4 A judge will then sign your Decree to finalize your divorce without a lawyer.

What to do before filing for divorce?

To be sure of your county’s filing requirements or if you encounter any unusual circumstances while completing your forms, it may be best to contact your local clerk of courts before filing for your DIY divorce.

1. Check your state's requirements for filing

Check your state laws for any requirements for filing a no-fault divorce. For example, some states require that you and your spouse are physically separated for a period of time before filing. Additionally, your state may require proof of residency before filing for divorce.

2. Complete the no-fault divorce forms

Once you meet your state's requirements for filing, you should complete the applicable no-fault divorce forms, such as the petition for divorce. Contact your local county clerk's office for copies of these forms. Also, ask your local court about the required filing fees.

3. Discover if you have a no-fault uncontested divorce

If your spouse agrees to the terms of the divorce, your case will move through the court system quickly. If you and your spouse agree on provisions like the division of property and child support, your divorce is considered uncontested. You will then enter into a settlement agreement.

4. Determine if you have a no-fault contested divorce

If you and your spouse don't agree to all or some of the terms of the divorce, then you have a no-fault contested legal action. When this happens, you'll need to agree on the disputed issues. If you can't agree, you may need to go to mediation or have a trial. In this case, you may need an attorney to help you navigate this process.