It might be intimidating to go through the legal procedure if you’re going to divorce in Florida. But depending on your circumstances and the decisions you make, it doesn’t necessarily have to be a struggle. When you apply for a Florida divorce, also known as a “dissolution of marriage,” there are several options available to you.
It is highly recommended to seek out the help of Jacksonville divorce lawyers before taking on the process of filing for divorce or negotiating a dissolution of marriage. Jacksonville divorce lawyers can better explain the process for your unique case. However, this guide will break down the basics so you won’t have to go in blind during this often emotional and difficult process.
Defining a Dissolution of Marriage
A Simplified Dissolution of Marriage is a procedure that is offered under Florida divorce law. As long as the parties are in total agreement on the terms of the divorce and it is uncontested, couples can use this to obtain a speedy divorce that takes around one month from filing to finalization. There are conditions that must be satisfied, though. The woman cannot be pregnant, there can be no alimony involved, neither party can have any children under the age of 18 or dependent children, and both parties must consent to this process.
Both parties must completely concur on the conditions of the divorce and that the marriage is irretrievably shattered, and at least one of the parties must have resided in Florida for at least the previous six months. The rights to a trial and appeals are also taken away by this process for both parties.
Making sure your marriage is eligible for divorce in Florida is the first step. The state is only one of many that no longer requires blame as a basis for divorce. Instead, it is only necessary to demonstrate that the marriage is irretrievably shattered; nevertheless, if the divorce proceeds to court, blame can still be taken into account when dividing assets and allocating alimony.
But in this situation, you’ll need a Jacksonville divorce lawyer to help you navigate the court system. Both parties must concur that the marriage is broken and cannot be repaired in order to prevent attorneys’ fees from being included in the procedures. Additionally, there must be evidence that the marriage genuinely exists and that at least one partner has called Florida home for the previous six months.
Filling Out the Necessary Paperwork and Paying the Fees
Once both parties have consented to the divorce, documentation has to be completed. All of the forms are available online through the Florida Courts website, which is where you may get them from the Florida State Courts. The forms can be complicated, and they cannot be changed once they are submitted to the court. By hiring a paralegal, you can obtain some help completing them without an attorney, but it is much simpler if your lawyer assists you.
The cost to file for a dissolution of marriage in Florida is just shy of $400. A petition to modify your dissolution of marriage is $50, plus a $10.50 judgment fee.
The Process of Divorce Court
Even though you won’t be on trial, you still need to show up in court to speak with the judge. Additionally, if there are kids involved, you must finish a parenting course that has been certified by the Department of Children and Families. Don’t forget to bring a Final Decree for the court to sign. The judge will verify that the required documentation has been completed in accordance with the law and may pose some straightforward inquiries concerning the data on the forms. The judge will not, however, give legal counsel or conduct an exhaustive review of the documentation. Take the Final Decree to the circuit clerk to be filed when the judge signs it. A certified copy for each party to maintain for their records is something else you should want.
The earliest feasible time will be set up for a hearing to officially end the divorce. Depending on the court’s schedule, a thirty-day waiting time is required before a hearing may be scheduled. On the day of the hearing, you and your spouse must both show up in court.
As mentioned earlier, seeking out Jacksonville divorce lawyers can make the process significantly easier. Be sure to get in touch with one as soon as you start the process of filing for divorce.
