Online Divorce in Florida | Get Cheap FL Divorce Papers (24/7)

How to get an online divorce

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Check If You Qualify

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Complete Questionnaire

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Review Completed Forms

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Online Divorce in Florida

divorce in Florida

For those seeking an inexpensive divorce in the state of Florida, online divorce is an easy, affordable and fast solution for preparing divorce documents. Online divorce may be appropriate for couples who have an uncontested case.

The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy for you. We help prepare all of the necessary divorce forms and provide detailed written instructions on how to file your divorce in Florida.

Our divorce documents preparation service can be a perfect solution for those who want to have their divorce papers completed quickly and without stress. Even though Florida has unique divorce forms and filing requirements, our online system provides the exact forms necessary along with instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.

If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out, and why should you spend money on lawyers? Online divorce is often cheaper, quicker and easier.

Online divorce can be a perfect option if you want to save money or hope to have your divorce finalized quickly to get on with your life. Preparing documents online for a divorce in Florida is fast becoming very popular because you can complete the documents in the comfort of your home.

Even if you think your case is too complex because you have children, own your own home or have other assets or debts, you may still be able to prepare your documents online. Just start with our simple questionnaire, and we’ll provide you instructions for each step of the way.

The process at OnlineDivorce.com is 100% secure. We protect your information, and nothing is filed until you submit the divorce papers to the courthouse yourself. Filing for divorce in Florida with the OnlineDivorce.com system can be a simple solution to a difficult situation.

Filing:

When you use OnlineDivorce.com, we help you fill out your divorce paperwork using a simple online questionnaire. You can fill it out alone or with the assistance of your spouse.

Then, after getting the other spouse’s signature, the divorce forms may be filed at the local court. In Florida, you will typically file with the courthouse in the county in which you currently reside. If a petitioner is not currently a resident, but a defendant is, the documents should be filed in the county where the defendant resides.

The actual filing process is explained in our detailed court-filing instructions that we provide, along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.

After the initial filing, you may need to follow up if there are any issues with your documents. When you use OnlineDivorce.com, we allow you to make small adjustments to your forms as requested by the court at no additional charge.

Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service.

Residency:

Every state has specific requirements where divorcing couples must establish residency before filing for divorce. Florida is no exception.

In Florida, to file for divorce in the state court, either spouse must have lived in the state for at least the last six months. Both spouses don’t need to live in the state. While one party must live in Florida, the other could live anywhere else in the country or even in the world.

There are many ways to prove that residency has been established. The easiest way is if one or both spouses have a valid and current Florida driver’s license, ID card or voter’s registration card issued at least six months before filing for divorce.

If this is not the case, it may be possible to establish residency by having someone who knows you or your spouse testify that you have lived in the state for at least six months. Additionally, it may be possible to use an Affidavit of Corroborating Witness form as proof you’ve lived in the state for a minimum of six months.

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Valid grounds to get divorce in Florida

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Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within Florida. Grounds are merely the reason for divorce, and the state must approve them.

 

The State of Florida recognizes two distinct grounds for divorce.

 

The marriage is "irretrievably broken." - Filing under these grounds is the most common reason for a divorce. Irretrievably broken is a valid ground for divorce if the two parties agree that they no longer want to be married, or it can be used if there is a serious reason they cannot remain married.

 

There is a mental incapacity of one of the parties. In this case, the disability must have been documented for at least three years before filing for the divorce. Filing under this ground requires proof, making it a more challenging option.

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Custody of the child in Florida

Custody of the child

In Florida divorce cases, the court can choose to award either joint to both parents or sole custody to either parent. The state of Florida defines joint legal custody as a form of “shared parental responsibility,” and joint custody is preferred over sole custody when it is in the child’s best interests.

Parents are given fair and equal consideration when determining custody with no preference to gender. Custody is granted based on what would be in the best interests of the child, considering the following factors (among others):

  • The parent who is most likely to allow the child to have frequent and meaningful contact with the non-custodial parent and other family members;
  • Any already-established love, affection, and emotional ties between parents and the child or children;
  • The ability and desire of the parents to provide the child with food, medical care, clothing or remedial care, and other material and physical needs;
  • The length of time the child has lived in a home that has proven to be a stable, satisfactory environment with the means of maintaining continuity;
  • The permanence or assumed permanence, as a family, of the existing or proposed custodial home of either of the parents;
  • The presumed mental, physical and moral wellness of the parents;
  • The ongoing home, school, and community records of the child or children;
  • If the child is old enough to express a preference, his or her choice matters;
  • The willing­ness of both parents to foster a continued relationship with the other parent--whether or not he or she is spending any time as a custodial influence in the child’s life;
  • Any evidence that one or both parents have lied or supplied any false testimony to the court in any matter involving domestic violence;
  • Whether any evidence exists to support a claim of child or spousal abuse; and
  • And other relevant factors.

Although other pertinent factors may be considered, the parents’ genders will not be considered when deciding custody arrangements.

If possible, the court will work with the parents and follow their wishes for a custody agreement. Working together to create an agreeable plan on your own to present to the court is always a good idea. The court will strongly consider any proposal the parents come up with as they make their custody decisions. Florida requires parents to create a parenting plan before divorcing, even if custody is not in dispute.

When creating a custody agreement, grandparents may be awarded visitation rights as part of the arrangement. Please note that custody and visitation will not be denied due to a parent or grandparent being infected by Human Immunodeficiency Virus (HIV). [Florida Statutes Annotated; Chapter 61.13]

Rules for child support in Florida

The Florida court can order either parent to pay child support. Support is designed to help with the day-to-day costs of living for the child, based on the nature and circum­stances of the case. If you would like to read detailed information regarding state rules, specific child support guidelines are set out in Florida Statutes Annotated; Chapter 61.30.

In most cases, the state will set child support based on these standard state rules. However, individual cases may have extenuating circumstances which require adjustments. Specific factors that may cause the adjustment of support guidelines may include:

  • Out of the ordinary medical, educational, psychological, or dental expenses (either on a one-time basis or ongoing);
  • The existence of income of the child or children;
  • The custodial parent is receiving both child support and spousal support (alimony);
  • Seasonal or other variations in one or both parents’ income or expenses;
  • The age of the child or children, with the expectation that older children will have more expenses than younger;
  • Special needs of the children or the family;
  • Terms put into writing of a shared parental arrangement;
  • The total assets of both the parents and the child;
  • The impact of the IRS Dependency Exemption on the parent’s taxes;
  • If the child spends a significant amount of time, but less than 20% of the overnights, with one of the parents, reducing the financial expenses of the other parent;
  • Any other reasonable consideration to make the child support payments equitable; and
  • If the child support guidelines would require the supporting spouse to pay 55% or more of his or her personal income toward such a cost.

It is important to note that medical insurance for the child and life insurance covering the parent who pays support may be a requirement of the court. Payments for child support can sometimes be required to be funded through a protected state bank. [Florida Statutes Annotated--Chapters 61.13 and 61.30]

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Rules for spousal support in Florida

Rules for spousal support

Spousal support, also known as alimony, can be awarded to help one spouse live in a manner established during the marriage after the union is dissolved. Support can be decided upon by the couple together or awarded by the court. The court may award rehabilitative (short-term) or long-term alimony to either of the spouses in either one lump-sum or as monthly/yearly payments or both.

Adultery can be a factor in awarding support. This means that if one spouse is thought to “cause” the divorce through an extra-marital affair, he or she might be less likely to be awarded alimony, or it can change the amount that would be granted. Other factors considered when awarding spousal support include:

  • The time needed to obtain education and/or training that would enable a spouse to find appropriate employment and that spouse’s future capacity to earn a living in such a role;
  • The standard of liv­ing established during the time of the marriage;
  • The length of the marriage;
  • The financial resources of the spouses in comparison to each other, including their earning abilities in the labor market;
  • The contribution that each spouse made to the marriage, including services rendered in the workforce, homemaking, childcare, care of other family members, education, and helping to build the career of the other spouse;
  • The current ages of each spouse and their ages at the time of marriage;
  • The emotional and physical wellbeing of the spouses;
  • Each party’s responsibilities with regard to any minor children in common;
  • All sources of income available to either spouse, including through investments;
  • The tax treatment and consequences of any alimony award;
  • Each spouse’s marital and non-marital assets and liabilities; and
  • Other factors which the court deems vital in making such a decision.

Please note that alimony payments can be ordered to be paid through a state depository in some cases. [Florida Statutes An­notated; Chapter 61.08]

Property division in Florida

Property division

When a couple divorces in Florida, they must distribute property in a fair and equitable manner. Legally, Florida is considered to be an “equitable distribution” state. Each spouse’s non-marital property is to be retained by that spouse. Non-marital property is all property acquired before the marriage, property received as a gift or inheritance, and any property declared non-marital as per a written agree­ment contracted between the spouses.

Once the non-marital property is set aside, the court is required to begin property distribution with the premise that all marital property should be equally divided. Property distribution is based on the following factors:

  • The tangible and intangible contribution to the marriage by each of the spouses, including services as a homemaker or stay at home parent;
  • The current and assumed future fiscal circumstances of the two divorcing parties;
  • The length of the marriage;
  • The interruption or halting of career or failure to pursue the educational opportunity of one spouse in support of the other;
  • The contribution that a spouse may make to the occupation or educational chances of the other;
  • The desire that one spouse may have in retaining the home or another piece of property--especially if there are others involved;
  • The contributions that each spouse made in regards to the acquisition, enhancement, and production of income or the improvement of both the home or other assets in question;
  • The desire of either spouse to keep the marital home as a stable residence for dependent children,
  • Any noted or suspected destruction, waste or depletion of this or any other marital assets after the petition was filed or within two years before the filing and
  • Any other factor necessary to do equity and justice between the spouses.

In Florida, marital misconduct (infidelity, etc.) is not considered a factor in determining property distribution. All retirement, profit-sharing, pension, investments and insurance are considered as property.

In addition to the standard property distribution rules, there are dedicated rules for determining whether a spouse will be entitled to credits or setoffs if the marital home is sold. These rules are based on the following factors:

  • Whether the exclusive use and ownership of the family home has been awarded, and the basis for such a decision;
  • Whether alimony has been awarded to the party owning the property, and whether alimony has been awarded to cover the mortgage, taxes, or other expenses related to the family home;
  • Whether the child support has been awarded to the spouse in possession;
  • The value to the spouse in possession of the marital home;
  • The cost of losing the ability to use and live in the family home for the party released from possession;
  • Which party will be eligible to claim mortgage interest payments, immovable property tax payments, etc.;
  • Whether spouses, one or both, will experience a capital gains tax event as a result of the sale of the family home;
  • Any other factors deemed important by the courts. [Florida Statutes Annotated--Chapters 61.075 to 61.077]

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Contested Divorce

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Contested divorces can be lengthy and costly due to spouses being unable to agree on one or more key issues, including child custody, property division, or spousal support.

  • Offline and inconvenient process in which both parties often hire attorneys to represent their interests.
  • The adversarial nature of a contested divorce can lead to heightened emotional stress and strain for both spouses and their families.
  • Absent a settlement, the final divorce judgment and terms are determined by the court, which may not fully align with the preferences of either spouse.
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The premier uncontested divorce tool

Fast, affordable, and simple process using our fully-guided divorce questionnaire and filing service.

  • Online process to be completed at your own pace, can get documents as quickly as same day.
  • Receive ready-to-file forms specific to your jurisdiction and situation.
  • Easy online access for both spouses, free revisions for 30 days, and the ability to save your data longer term. Experienced customer support via chat and phone.
  • Ancillary services to ensure optimal outcomes, including name changes, co-parenting support, and getting started with your life after divorce.
  • Detailed instructions on how to file with the court or the option to purchase our filing service.

Mediation support in Florida

Divorce mediation is an option in some divorce cases in the state of Florida. If there are minor children involved in the divorce or if one of the spouses feels that the marriage is irretrievably broken while the other denies it, the court may delay the proceedings for up to three months.

In this case, the court requires that the spouses seek counseling, attempt reconciliation or attend court-appointed mediation sessions. [Florida Statutes Annotated; Chapters 61.052 and 61.183]

Also, if there are unresolved issues and both parties wish to continue with the divorce, the spouses may decide to seek mediation on their own. Mediators can help resolve difficult issues and allow the divorce to proceed smoothly in an uncontested fashion.

For example, this can happen when a spouse believes he or she may be granted something by a court that the other spouse believes is contrary to the law or the facts. As a neutral third party, a mediator could explain the likely outcome and quickly resolve the dispute.

For those seeking to prepare their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. It can be the simplest way to help achieve a fast, easy and affordable divorce.

Divorce forms in Florida

Florida forms produced by OnlineDivorce.com are court-approved divorce forms. We have automated the process of filling them out to simplify matters and avoid difficulties that may occur with filling out paperwork by yourself. By utilizing OnlineDivorce.com, you can streamline the process of preparing divorce documents and help both parties to move forward with their lives.

Divorce in Florida online

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Filing fees for divorce in Florida

When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.

How long will it take?

Using the OnlineDivorce.com service usually takes between 30 minutes and two hours or more, depending on the complexity of your case. Start by filling out the questionnaire. You can do it in one sitting or save your progress and complete it at a later date. Whatever is most convenient for you.

Once you’ve received the completed documents, you will need to sign and file them and get your spouse’s signature. More information regarding the finalization of the divorce case is provided once the paperwork has been completed and submitted to the court.

Frequently Asked Questions

Can I really file for divorce in Florida without a lawyer?

Florida law allows people to represent themselves in the courts, including in divorce cases. So any person can file for divorce without a lawyer, following the same requirements and basic steps of the procedure as those who resort to legal assistance.

Though it is not prohibited by law to represent yourself, such a do-it-yourself dissolution of marriage is not usually recommended if the spouses contest the case. Contested cases are more complicated and risky, so it can be challenging to arrange the litigation by yourself and achieve the desired outcome.

On the contrary, if the spouses can reach an agreement about all the essential terms of their separation out-of-court, they can try to handle a divorce without an attorney, even if they have marital property or minor children. If the parties need any help with their settlement agreement or parenting plan, they can opt for a legal consultation or mediation sessions instead of hiring an attorney.

If the spouses do not have minor children, neither party is seeking alimony, and they are ready to sign the petition jointly and go to the final hearing together, the spouses are qualified for what is called a simplified dissolution of marriage. In such a case, the main challenge of the procedure is preparing the paperwork. If the parties want to save time and effort, they can entrust this task to an online divorce service which is much cheaper than paying an attorney.

How can I file for divorce in Florida without a lawyer?

Foremost, to file for divorce in Florida, the spouses have to meet the residency requirements of the state.

They also have to determine whether they are qualified for a simplified dissolution of marriage or if they are going to arrange an uncontested divorce without a lawyer.
Each divorce starts with filing the Petition for Dissolution of Marriage and other initial divorce forms in the Circuit Court.

At the moment of the filing, the plaintiff (or the spouses jointly, if they apply as co-petitioners) has to pay a court filing fee to officially start the divorce procedure.

Next, the plaintiff has to serve the other spouse with copies of the Petition and the Summons, following the rules of civil procedure. Those who are qualified for a simplified process can skip this step. After being served, the second spouse must file a response.

How much does it cost to get an uncontested divorce in Florida?

An uncontested divorce is usually much cheaper than a contested divorce, but since the circumstances of each couple are different, the required cost can also vary significantly.

The cost of any divorce in Florida starts with a court filing fee, a payment for the court's services, charged at the moment of filing. The filing fee varies slightly depending on the forms required and the county used, but on average, it is about $400 in Florida.

The rest of the costs depend on whether the case is contested or not, whether a lawyer is hired, and if other services like mediation sessions, consultations, parenting classes, or online divorce are used. These alternative divorce options are cheaper than hiring an attorney, but it is still impossible to predict the overall cost of the divorce process without considering the particular situation.

How long do you have to live in Florida to file for divorce?

For Florida court to have jurisdiction over the case, the spouses must meet the residency requirements of the state.

So, according to Florida Statutes, either spouse must have been a resident of the state of Florida for at least six months before filing the Petition for Dissolution of Marriage. The party can prove residency through a valid Florida driver's license, a Florida voter's registration card, a valid Florida identification card, or the testimony or affidavit of a third party.

How long do you have to respond to divorce papers in Florida?

The plaintiff has to serve the divorce documents to the other spouse (defendant) within 120 days of initiating the proceeding.

Once the defendant is served, he or she must file the Answer to Petition for Dissolution of Marriage with the court within no more than 20 days from the date on the summons.

In the answer, the party should tell the court what provisions of the petition he or she agrees with and what he/she disagrees with. Otherwise, a judge can move forward without the defendant's input and grant a default divorce.

How do you get a free divorce in Florida?

Although simplified dissolution or uncontested divorce in Florida can be really inexpensive, it is still not free.

Even if the spouses are ready to resolve all the disputed issues without any legal assistance and complete the paperwork on their own, they still have to pay a court filing fee, which is about $400 in Florida.

The court filing fee is mandatory for all plaintiffs. However, those petitioners who cannot afford to pay this cost can submit a fee waiver. They will have to provide financial information on income, liabilities, and debts, and if the court accepts the request, the charge will be reduced to $25.

What papers do I need to file for a divorce in Florida?

The primary divorce forms required to file for divorce in Florida vary depending on the type of dissolution. For example, there are three different petition forms: Petition for Dissolution of Marriage with Dependent or Minor Children, Petition for Dissolution of Marriage with Property but No Dependent or Minor Children, and Petition for Dissolution of Marriage with No Dependent Children or Property.

Also, the spouses have to file a Family Law Financial Affidavit, Notice of Social Security Number, Notice of Current Address, and Marital Settlement Agreement, if the case is uncontested.

Here is how OnlineDivorce.com makes completing divorce papers easier:

  • We provide the full divorce packet required by the local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
  • We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
  • We give detailed, easy to follow step-by-step instructions for filing a divorce with the court - so the client knows exactly what to do to get his/her divorce finalized.
  • We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email, or live chat, and we'll do our best to help.
  • We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.