How to File for Divorce in Florida
It can be helpful to learn how to file for divorce in Florida, if an individual wants to soon dissolve a marriage. Because the State of Florida is a no-fault divorce state, individuals are not required to assign blame or establish a bad behavior cause for the divorce. One individual is only required to demonstrate the marriage is irretrievably broken or the spouse has been mentally incapacitated for at least three years.
How to File for a Simplified Dissolution of Marriage in Florida #
In some cases, couples may be able to use Florida’s simplified dissolution of marriage (divorce) process. This process may be significantly cheaper and faster than going through a regular dissolution of marriage.
To utilize the simplified dissolution of marriage process, married couples in Florida must meet all of the following stipulations:
- For at least six months prior to the divorce filing, one of the spouses has lived in Florida
- Both spouses consent to the fact the marriage is unable to be saved
- There are children under 18 or dependent children of the marriage
- The wife is not pregnant
- Both spouses are not seeking alimony
- Both spouses agree they do not need financial affidavits or have filed written disclosures of financial information with the court
- Both spouses are satisfied and agree with the division of debts and assets
- Both spouses agree to the simplified dissolution process and consent to give up the right to a trial and appeal
If all of these conditions are met, then the spouses may file all required documents and appear before a judge who may grant the divorce. Click here to see Florida’s Petition for Simplified Dissolution of Marriage.
How to File for a Regular Dissolution of Marriage in Florida #
To file for a regular dissolution of marriage in Florida, individuals should ensure they are filing for divorce in the county where they live and have been a resident of for at least six months prior to the divorce filing. Individuals may also choose to file for divorce in the county where they last lived together as husband and wife.
The first form to complete is called the “Petition for Dissolution of Marriage” and should establish what the individual wants from the divorce in terms of dividing assets and debts, child custody, child support and alimony. The petition must be notarized before filing with the courts.
Next, the other spouse must file a response within 20 days of being served. The spouse’s response should address the what the other spouse wants from the divorce and raising any additional issues with the courts.
Once the petition has been served, each spouse is required to file a completed and signed financial affidavit with the courts within 45 days of the petition for dissolution of marriage. It is important to note, failing to submit the financial affidavit may cause the courts to dismiss the case or not consider that party’s requests.
The last step usually involves dealing with