how to get a divorce in florida without an attorney

by Miss Gina Bergstrom 9 min read

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.

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

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?

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 to do your own divorce without a lawyer?

It is important to understand the process of how to file for divorce in Florida without an attorney.There are some things that must be kept in mind as you go about this process, though. First of all, the law in the state of Florida does not require you to get a divorce in order to get custody and visitation rights with your children.

Can I go through a divorce without an attorney?

If you are contemplating a divorce, you may be wondering whether it’s possible to file without retaining a Florida divorce attorney to assist you. 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 …

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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 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?

How to File an Uncontested Divorce in FloridaFill out the petition. You begin by completing a Petition for Dissolution of Marriage. ... File the petition. When you've completed the petition, you'll have to file it with the court. ... Give the petition to your spouse. ... Wait for an answer.

How much is a simple divorce in Florida?

After your spouse has read the information and all of your forms are complete, both you and your spouse can file for the simplified divorce and pay the required filing fee. It costs $409.00 to file your petition but you may qualify for a payment plan if you are indigent.Nov 14, 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

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.

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 do I file for legal separation in Florida?

Florida does not recognize legal separation. You cannot petition the court for a legal separation. You may live apart, but you are considered married until you petition for and obtain a dissolution of marriage through the Florida courts.

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.

How long do you have to be a resident of Florida to get divorced?

No trial is necessary. Regular Dissolution of Marriage requires that at least one spouse has resided in Florida for at least six months prior to the divorce.

How long do you have to live in Florida before filing for divorce?

You or your spouse must have resided in Florida for six continuous months prior to filing. Both spouses must sign and agree to all documents filed. No minor children may be involved. The wife may not be pregnant. You and your spouse agree to asset division in writing. No spousal support for either spouse is desired.

What happens if my spouse doesn't answer my divorce question?

If your spouse fails to provide an Answer within 20 days, you may file a Motion for Default. If approved, you may complete the divorce with the judge largely agreeing to the points in the original petition. A default judgment eliminates the need to consider any opinions from the respondent spouse, although it may not relinquish their right to equitable distribution of assets and liabilities.

What happens if my spouse disagrees with my divorce?

If your spouse files an Answer that disagrees with any of the allegations in the Petition for Dissolution of Marriage, or a Counter Petition, then you will face a contested divorce. This can be a costly and lengthy process which almost always requires the services of an experienced divorce attorney.

Can I get divorced in Florida without an attorney?

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. For $299, 3stepdivorce.com will walk you through creating all of the necessary divorce forms in hours not days, and they also provide a step-by-step guide through the Florida divorce process as well.

What are the issues in divorce?

The thorniest issues in most divorces involve property distribution, spousal support and child custody. If you and your spouse can come to an agreement on all of these issues, it is in your best interests to do so.

How to serve divorce papers to spouse?

There are a number of methods to serve divorce papers to a spouse: Entrust service of process to the county Sheriff’s office. Provide legal notice in person. Deliver the papers via mail to the respondent’s legal representative, home or business. Use a process server.

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