When a case is uncontested and both parties are willing to sign, when you and you spouse agree about everything filing your own divorce is a common choice in order to cut down legal expenses.
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- Filing for Divorce without an Attorney.
- Getting a Divorce in Florida? Divorce Law Cheat Sheet for the State of Florida.
- How long does it take to make a divorce final in Florida??
Read about the advantages of filing your own uncontested divorce in Florida. The residency requirements for a divorce in Florida are as follows:. One of the parties must reside in Florida for six months before filing the petition, and the action can be filed in the county where either of the spouses resides. The divorce paperwork requires a signed authentication that you have been a resident of Florida for at least the past six months. If the court requires proof for some reason, typically a Florida driver's license or state identification is sufficient.
An affidavit of a corroborating witness testifying about your residency also works.
How Do I File for a Divorce? - Florida Court Clerks & Comptrollers
After you have printed all the Florida uncontested divorce papers , you simply mail the documents to your spouse and he or she signs them. After your spouse returns them, you file in your local county court. General: the mental capacity of one of the parties who has been adjudged incapacitated for at least three years. Once the divorce paperwork has been filed in court, it usually takes from 30 to 90 days for a divorce to be final.
The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Judgment of Dissolution. You control revisions and reprintings as necessary. In Florida, a divorce hearing is typically required, especially if you and your spouse have children. If there are children involved, a short hearing, generally about 15 minutes, gives the court an opportunity to make certain that you understand the parameters of custody, visitation and support that are ordered as part of your divorce.
If there are no children, the hearing process in very streamlined. Since you and your spouse are in agreement, there is nothing for the court to really decide regarding the best interests of any children. Learn more about divorce hearings in Florida. It is easier to effect a name change during the divorce rather than after the divorce is finalized.
Read more about a name change during a divorce in Florida.
- How Long Until a Divorce Is Final in Florida?.
- Time to prepare case: Approximately 3 weeks.
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A series of questions itemizes property and debt, dividing and allocating both according to what you and your spouse have agreed to. The answers become part of the divorce documents, so it is clear to you, your spouse and the court how assets and liabilities have been divided. You answer a few questions dealing with individual retirement accounts.
How Long Does an Uncontested Divorce Take?
You have the option of waiving rights to each other's account s , or dividing any marital portion of an account by a specific percentage or a dollar amount. Once again, a few questions inside your account deal with the disposition of the marital home. All possible scenarios are covered -- sale, planned sale, transfer from one spouse to the other, and co-ownership. A few questions in your account deal with temporary or permanent spousal support. Rights to spousal support may be waived, or a couple can agree to a specific amount for a set period of time.
These questions define and limit the parameters of the desired spousal support, which often terminates upon remarriage or cohabitation. The courts realize that you and your spouse know your situation better than they do, so they may approve any reasonable support amount, even if it is different from the one on the state worksheet.
We provide Florida Child Support Worksheets inside your account. These worksheets make it very easy to calculate a monthly support amount. The support calculation is based on a number of variables, but the primary one is income. Once you have calculated the amount, you and your spouse decide if you want to deviate from it and the reasons for doing so.
How Long do Divorces in Florida Take
Once you and your spouse agree to a monthly child support amount, a judge reviews your decision. He or she will accept it if it seems reasonable.
However, if it seems too high or too low, the judge will want an explanation why the two of you came to amount so much at variance from the state guidelines. Your explanation and reasons for it determine whether or not the judge accepts your proposed child support amount.
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Florida permits deviation from its child support guidelines based on the following considerations: a extraordinary medical, psychological, educational or dental expenses, b independent income of the child, not including Supplemental Social Security , c "the payment of support for a parent which regularly has been paid and for which there is a demonstrated need," d seasonal variations in the income of one of both parents, e the age of the child, taking into account the greater needs of older children , f the special needs of the child, such as costs associated with disabilities, g individual characteristic of custody arrangement, such as the time spend with the noncustodial parent, h the total assets of the parents and children, i the impact of the I.
Child support can be modified based on a change in circumstances. Child custody arrangements can be modified when, for example, they break down because of the conduct of one of the former spouses. You can either use a standard schedule that we provide in your account, or you can use our option to customize your own. Some of the divorce papers need to be notarized.
The step-by-step filing instructions explain who signs what and whether a particular document needs to be notarized. The documents requiring notarization contain notary clauses below individual signature lines. However, many counties now allow the parties to mail or email in the final judgment for execution, which means that you may never have to appear in court for your divorce. If your case is resolved at mediation , it may take anywhere from three to six months.
However, remember that these timelines are only estimates. Often the length of a divorce is controlled by the level of contention between the parties. If one or both parties fails to provide the necessary financial information, getting to mediation may also be delayed as the attorney may need to schedule a court date to require the other spouse to provide the financial information. Once all of the financial information is compiled, your attorney should then coordinate mediation with opposing counsel.
It is important to utilize a skilled mediator for your divorce case. If you execute an agreement at mediation, the agreement is final, and you must live with the contents of the agreement. Make sure that you are comfortable with the agreement and fully understand it prior to executing an agreement during mediation.
While many factors play into the length of time it takes to get divorced, the most contentious divorces will take the longest to complete. If a divorce is unable to resolve at mediation, it must proceed to trial as there are only two ways to resolve a divorce case, either the parties reach a resolution, or the judge resolves it for you. Trial is a lengthy and contentious process that typically takes at least a year. While trial is necessary in some cases, it is an expensive and lengthy process that is not for the faint of heart.
If you are proceeding to trial, it is important to discuss the potential outcomes at trial and how the judge assigned to your case has ruled in the past on similar issues with your family law attorney. More than Attorneys, We are Counselors at Law.