Divorce statistics are on the rise across the United States.
Filing for divorce is a difficult situation and decision for anyone, but once that course of action is decided you want to proceed with the best course of action for the individual. A divorce can be filed by a legal representative or the petitioner directly in Florida, depending on whether the couple decides a simple or regular dissolution of marriage fits them best. It is important for the petitioner to make sure they know the process of the divorce proceedings and how opting to forgo legal assistance may effect the proceedings.
Instructions
Do It Yourself Divorce in Florida
1. Typically, you will find simple instructions for filling out the necessary paperwork.
Obtain the paperwork necessary to file for divorce. The clerk of court of the county in which you will file for divorce will have the papers necessary to be filled out. In some counties in Florida, the clerk of court will charge a $20 fee to release the paperwork to be filed.
2. A sheriff or deputy can be used to serve the paperwork, depending on the laws of the county.
Provide the contact information for the spouse to be used to serve him the paperwork. The address must be provided so that the papers can be served. If the spouse can not be served, a delay may occur in the court proceedings.In Florida, the party being served has 20 days to respond to the court regarding the divorce before a default judgment will be entered.
3. Child custody is an important matter to be solved during a divorce.
Provide evidence in court of shared debt and property, reasons for divorce and any children resulting from the marriage. Typically dissolution of marriages in Florida involving children can not be performed with the simplified metond and must involve a family law attorney. The judge will need to evaluate this evidence before a final divorce decree. Decisions must be made through a judgment or arbitration with regards to custody, property and debt.
4. The decision made by the judge in the divorce is final.
Get the copy of your final divorce decree.There is no statutory requirement in Florida for obtaining your dissolution of marriage nor is there a waiting period to remarry after the decree is granted. This is needed to change your name on your identification papers and documents and Social Security card along with other important documents. Also, separate the property according to the final decree within the time period set by the judge in the case.
Tips Warnings
Do research before filing a do-it-yourself divorce to make sure it is the best option for your situation.
You and your spouse must agree to the simplified divorce to be able to file this way.
If you are filing with a non-present spouse you must submit proof of having posted the article in the local newspaper to qualify for the dissolution.
In cases involving custody, you may need to consult with a family law attorney to be informed of your rights in your case to avoid a negative outcome.
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