See if you Qualify in Florida
Online Divorce provides qualitative and approved by the court Florida divorce papers. The information below will help you understand more about the divorce in Florida. However, if you feel any doubts or insecurities, we will help you to figure out how to get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Florida. We guarantee that in a short time you will receive the correct Florida divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.
Below you can find common steps of how to get divorce in Florida:
1. Residency requirements. In order to get a divorce in Florida you have to meet leaving criterias.
2. Your marriage must be legal, it means that the marriage is concluded on the basis of the laws of the State of Florida
3. You should have grounds for your divorce based on which you want to terminate your marriage. Grounds can be fault or no fault.
4. If you have common property or underage children, you must decide with your spouse who will be the primary guardian of the child and how you are going to share your joint property. Consider also that you should come to a common opinion about which of the spouses will provide financial support to your children and whether any of the spouses will be paid alimony after the divorce in Florida. Note that if you and your spouse do not come to a single decision, then the court will independently decide on the issues of property division, custody, financial support for children and alimony. In order for the court to make a fair decision in you must describe as much detailled as possible all the information about your marriage in your divorce form documents.
5. You have to fill out Florida divorce papers. Here you will need to describe the reasons for the divorce, your financial situation and the situation of your spouse, the presence of common underage children or common property. Please note that filling out Florida divorce papers is a fairly complex and lengthy process that may require you to know the specifics of Florida law. However, you can fill out all the documents online using the service of onlinedivorce.com - the best provider of online divorce in Florida . We will help you to choose exactly those documents that correspond to your divorce case and fill them out in accordance with state requirements. Online Divorce will do all the work regarding divorce form documents preparation instead you, and you will only have to register them in court and notify your spouse about it.
6. When you are ready with your Florida divorce papers you have to file the petition to the court, after that send copies of the documents to your spouse and wait for the court to terminate your marriage.
If you want to get a divorce in the state of Florida, at least one of the spouses must reside in the state at least 6 months before the documents are filed.
Residents of Florida who are representatives of the armed forces, whose place of dislocation is outside the state or country, are still considered as residents of the state of Florida. Representatives of the armed forces who are not residents of the state, but are dislocated at a military base in Florida, at least for the last 6 months, also satisfy residency requirements to be able to file a divorce and fill out Florida divorce papers.
Valid Grounds to get divorce:
In the state of Florida, two main reasons for divorce are recognized:
1) no-fault: the spouses have not got along with each other for a long time and the marriage is irretrievably broken;
2) fault: domestic violence, a complex mental illness of one of the spouses, dissatisfaction in the relationship;
If the divorce in Florida is initiated on the grounds that the marriage is irretrievably broken, while there are underage children or one of the spouses denies that the marriage is irretrievably broken, then the court may require the couple to resort to the services of a specialist to try to save the marriage. These can be consultations with a psychologist, a priest, a marriage counselor, etc. The second option is to postpone the trial for up to 3 months, so that the couple can reconcill. In any case, with a divorce in the state of Florida, the court is primarily guided by the interests of the family, making its decision regarding divorce.
Annulment is one of the ways to get a divorce in Florida, which is usually quicker. However, there is a nuance: in order for a couple to cancel their marriage, they must prove that it does not have legal force. This means that the marriage was concluded with violations of the law and is not recognized by the state of Florida.
Marriage can be considered void in case if:
1) One of the spouses already has a legal marriage, which was registered earlier than the current one and has not yet been terminated.
2) Incestuous . Spouses are close relatives to each other.
3) At least one of the spouses has not yet reached the age of majority, and at the time of marriage, there is no agreement from the parents or the court to register this marriage.
4) At the time of marriage, one of the spouses was mentally incapacitated and could not give his consent to the marriage.
5) Spouses of the same sex
6) Marriage is fraudulent in order to force the second spouse to consent.
7) If one and the spouse is impotent, and the second spouse did not know about it at the time of the wedding ceremony.
To terminate an invalid marriage is possible through a court. You need to fill out in special divorce form documents for cancellation. If in the marriage you have joint property or minor children, the cancellation process may be delayed. In any case, you must properly fill out the Florida divorce papers so that the court does not reject them. This is a rather complex and lengthy process, on which the outcome of your process regarding annulment will depend.
Custody of the Child
The courts of Florida decide on the custody of the child guided solely by the interests of the child, in order to
provide him or her with the maximum improved conditions for development. There are two possible types of custody: physical custody of the parents or an legal custody. The first type implies the conditions of the child's detention and residence, that is, the parent will solve the child's everyday questions. The second type implies that the parent will have the right to decide on the child's global issues, for example, his or her religion, medical discussion, education and other important decisions.
The court will have to consider many factors before making its decision. This can be affected by:
1) the relationship of each of the spouses with the child;
2) the environment in which the child lives;
3) the ability of each parent to take care of the child;
4) the ability of each of the spouses to be educated;
5) psychological and physical health of parents;
6) the child's preferences as to which parent he or she wants to spend more time with;
7) the weapon of the child: the situation at home, at school, with friends;
8) the willingness of each parent to communicate with each other regarding the child's daily life;
9) the ability of each parent to monitor the daily routine of the child;
10) the presence of alcohol and drug dependence in parents;
11) presence of facts of domestic violence or cruel treatment in the family, sexual abuse or negligence in the upbringing of children;
12) any other factors that may affect the well-being of the child
Rules for Child Support
During the divorce in Florida, the court obliges parents to financially support minor children born in wedlock. The court can oblige one or both spouses to pay financial assistance to the child. The level of financial support for the child is awarded by the courts of Florida after a careful analysis of all expenditure items required for the maintenance of the child, as well as the income level of parents and their additional means. Thus, in order to obtain fair payments to your child, in divorce form documents you are required to describe in details as much as possible all your existing sources of income and expenditure, as well as sources of expenses and incomes of your spouse. Just pay attention to the fact that calculating the amount of support the court follows the Florida Child Support Guidelines. In some cases, courts may assign an amount that is 5% more or less than that which is specified in the Guidelines, based on an analysis of the following factors:
1) the different needs of the child;
2) the current standard of living of the family;
3) financial condition of both parents;
Rules for Spousal support
Quite often after a divorce in Florida, the court obliges one of the spouses to financially help to the second spouse. The law of the state provides for five different types of alimony: temporary, bridge-the-gap, rehabilitative, durational, and permanent. The court can make its decision in favor of this or that combination, based on an analysis of the situation that arose in the divorce. Please note that in your Florida divorce papers you have to describe your financial situation as accurate as possible so that the court can make a fair verdict. Based on the Florida law alimony can consist of periodic payments from one spouse to the other, or less commonly, a single lump-sum payment. Spouses can always agree between themselves on different terms and conditions of alimony, including giving up alimony entirely, usually in exchange for some other valuable type of property.
Temporary Alimony - the kind of alimony that is awarded in the period of divorce in Florida. that is, the sum of money will be paid until the process of divorce is completed.
Bridge-The-Gap Alimony - the kind of alimony that is paid immediately as soon as the divorce is finally issued for a period of not more than 2 years. that is, it is financial assistance, which is aimed at meeting short-term needs. For example, a one spouse pays alimony that goes to cover the rental of a second spouse while he or she is waiting for the sale of the house.
Rehabilitative Alimony - financial assistance that is paid indefinitely in order to give the spouse-recipient an opportunity to acquire the necessary education or skills to get that job that will bring a stable income. Note that if you want to receive this kind of alimony, in your divorce form documents should be included a plan that is describing the amount and time that you need to get a necessary education.
Durational Alimony - a type of financial support that is awarded by the court if all of the above kinds of alimony are not able to meet the basic needs of the spouse. Note that this type of alimony can not be appointed for a period that is longer than the periodicity of the marriage. Thus, if your marriage lasted 7 years, durational alimony can not be paid more than 7 years.
Permanent Alimony - a kind of financial support that is awarded by the court on an ongoing basis, if the spouse-recipient is not able to provide for himself under any circumstances. Pay attention that if the court makes a decision on this kind of alimony, then the judge must indicate and convey to the spouse-payer the reasons why he made such decision.
The laws of Florida require a fair division of common property during the divorce in Florida. This means that usually the property is divided between the spouses in equal parts. However, sometimes the property can be divided in different proportions, if the court considers it is fair. Such a decision can be influenced by the following factors:
1) duration of marriage;
2) the contribution that one spouse made to the education or career development of the second spouse;
3) how each spouses were invested in the acquisition of property;
4) debt obligations of the spouses;
5) the contribution of each spouse to increase the family income;
6) the actions that any spouse did, aimed at the destruction of the common property after submission of Florida divorce papers to the court.
Similarly, in making a decision, the court will consider how easy it will be to divide the property. For example, a business that was organized in marriage is considered a common property, but in most cases the court will decide that the sole owner will be the spouse who is the founder. Also, keep in mind that the court will not divide the house in which the couple lived. Most likely the house will belong to one of the spouses, if the court finds it fair.
Note that sometimes the amount of wages or fault grounds of divorce can also influence the court's decision regarding the division of property.
Divorce without a lawyer
If you apply for a divorce in Florida, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Florida can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.
Florida courts may require parents to use the services of mediators in case if the couple has a minor
child who is completely dependent on their provision. Then the divorce in Florida proceedings can be postponed for up to 3 months.
Divorce Forms in Florida
The website for the Florida Courts contains the divorce papers and most information you need to go through with your divorce. The site includes rules pertaining to family law in Florida, legal opinions related to divorce in the state of Florida and a variety of legal forms that you can print out and complete. You may need a lot of time to determine exactly what you need to fill out and how. Please note that if your divorce form documents will be filled out incorrectly, the court will reject them. You have to prepare your Florida divorce papers with full seriousness. Keep in mind that you can also initiate an online divorce in Florida, using the services of an onlinedivorce.com. We will select all the necessary documents that correspond to your type of divorce and will compile them in accordance with the legislation of Florida. Using Online Divorce you can be sure that you will get your Florida divorce papers filled out correctly and in a short time, which will greatly help you to save time, money and nerves during your divorce proceedings.
Uncontested Divorce in Florida
Usually divorce is a long and expensive process. However, under certain circumstances, a divorce in Florida can be arranged quickly enough. If the spouses agree with all questions concerning custody of minor children, separation of property and payment of financial support, then this type of divorce is called an "uncontested" divorce and usually it is formalized much faster.
If you want to get a divorce in Florida quickly, then you must fulfill the following requirements:
1) the wife is not pregnant;
2) there are no children in the marriage who have not reached the age of 18;
3) at least one of the spouses lived on the territory of the state of Florida during 6 months prior to filing a divorce form documents in court;
4) all questions regarding the division of property and alimony have been agreed upon and the spouses have taken a unified decision;
5) both spouses agree that marriage can not be restored and it must be quickly terminated.
If all of the above is satisfied by you, then you can proceed to fill out the Florida divorce papers. Online Divorce will help you cope with this task. We will pick up for you all the necessary divorce form documents and fill them in accordance with the requirements of the state, which guarantees you a quick dissolution of the marriage.
How to Serve Divorce Papers in Florida
In order to start a divorce in Florida, you need to serve your spouse and provide him with the copies of all the documents. You can do this by:
1) ask the spouse or his attorney to fill out the form "Answer and Waiver of Service"$
2) ask the sheriff to provide documents to your spouse;
3) use a private process server serve your spouse;
4) using "constructive service" - in a printed form to notify your spouse by posting a message in the newspaper for 30 days;
The simplest option is the first - to ask your spouse or his lawyer to fill out the appropriate form. However, if you do not know the location of your spouse, then you should publish a message about initiating a divorce in a local newspaper, this will be considered by the court as sufficient evidence that you serve your spouse.
Just keep in mind that you must provide your spouse a divorce form documents that list all your income, debts and real estate that you own. You must do this within 45 days after serving the spouse.
When your spouse is notified and all necessary Florida divorce papers are brought to court, you need to wait for a court decision. If you initiate an uncontested divorce, you will need to wait up to 4 weeks for the case to be completed.
Total fees will contain sum of Florida court filing fees and cost of using the service of online divorce in Florida. This cost may vary by county. Please check with your local court officer to determine the exact amount.