Divorce papers in Florida — filing for divorce in FL

Online divorce in Florida

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How to get divorce in Florida

Online Divorce provides qualitative and approved by the Florida courts divorce papers. The information below may help to understand more about the divorce in Florida. onlinedivorce.com provides quick and inexpensive services of online divorce in Florida.
The key steps of how to get a divorce in Florida are
:

1

Meeting the residency requirements of the state.

2

The marriage must be legal, it means that the marriage is concluded on the basis of the laws of the State of Florida.

3

The parties must have grounds for divorce based on which the marriage is to be terminated. Grounds can be the fault or no fault.

4

The parental rights and liabilities, as well as property, assets, and debts, must be divided by the parties independently or by the court decision.

5

The Florida divorce papers must be filled out and submitted to the court. Online Divorce may help with preparing all the necessary documents that correspond to the particular divorce case.

6

The copies of the divorce paperwork should be delivered to the non-filing spouse (Defendant) by one of the officially-allowed methods. Then the court needs some time (up to several months) to consider the case and grant a divorce decree.

Residency:

In order to get a divorce in the state of Florida, either spouse 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.

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Valid grounds to get divorce in Florida

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In the state of Florida, two main reasons for divorce are recognized:

#1

Irretrievable breakdown in a relationship. It is only necessary for one spouse to allege it in the Petition and a divorce may be granted. If the other party denies that the marriage is broken, the result is a 90-day cooling-off period.

#2

The mental incapacity of one of the parties (for a period of at least three years). Such reasons as, for example, an adultery etc. are not grounds for divorce in the State of Florida, though they may influence the issues of equitable distribution and alimony.

OnlineDivorce reviews

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Lee G., New York
It was an easy process. Straightforward questions and detailed instructions make filing divorce paperwork very simple. Each step is outlined and explained and there is no question left. This saved me lots of time and money in getting a divorce.
Troy G., Florida
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Winter H., Colorado
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Annulment of the marriage in Florida

Annulment is one of the ways to terminate the marriage in Florida. An annulment declares the marriage invalid and just cancels it.
In order for a couple to cancel the marriage, they are assumed to prove that the marriage does not have legal force.
Marriage can be annulled if
:

  • One of the spouses already has a legal marriage, which was registered earlier than the current one and has not yet been terminated.
  • Incestuous . Spouses are close relatives to each other.
  • 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.
  • At the time of marriage, one of the spouses was mentally incapacitated and could not give his consent to the marriage.
  • Marriage is fraudulent in order to force the second spouse to consent.
  • If one and the spouse is impotent, and the second spouse did not know about it at the time of the wedding ceremony.
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Custody of the child in Florida

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 the child with the maximum improved conditions for development. There are two possible types of custody: physical custody and 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:

  • The relationship of each of the spouses with the child;
  • The environment in which the child lives;
  • The ability of each parent to take care of the child;
  • The ability of each of the spouses to be educated;
  • Psychological and physical health of parents;
  • The child's preferences as to which parent he or she wants to spend more time with;
  • The weapon of the child: the situation at home, at school, with friends;
  • The willingness of each parent to communicate with each other regarding the child's daily life;
  • The ability of each parent to monitor the daily routine of the child;
  • The presence of alcohol and drug dependence in parents;
  • Presence of facts of domestic violence or cruel treatment in the family, sexual abuse or negligence in the upbringing of children;
  • Any other factors that may affect the well-being of the child

Rules for child support in Florida

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. ?alculating 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:

  • The different needs of the child;
  • The current standard of living of the family;
  • The financial condition of both parents.
Uncontested Florida divorce with children
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Rules for spousal support in Florida

Rules for spousal support

In Florida, the court may oblige 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. 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. 

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.

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. This type of alimony cannot be appointed for a period that is longer than the periodicity of the marriage.

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.

Property division in Florida

Property division

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:

  • Duration of marriage;
  • The contribution that one spouse made to the education or career development of the second spouse;
  • How each spouses were invested in the acquisition of property;
  • Debt obligations of the spouses;
  • The contribution of each spouse to increase the family income;
  • The actions that any spouse did, aimed at the destruction of the common property after submission of Florida divorce papers to the court;

Divorce without a lawyer in Florida

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". The process of divorce in the state of Florida can vary from county to county. 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 may be rather convenient to initiate the Pro Se Divorce.

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Contested Divorce
Average price from $2000
Offline process with attorney representation for each spouse. Costly attorney fees resulting in unpredictable expenditure. Overall lenghty and expensive way to go.
  • Attorney availability affects completion time
  • Each spouse have to hire an attorney, which automatically doubles legal fees
  • Trial, which adds even more stress
  • If you have children, they will likely be interrogated at the court for making decisions on custody
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Basic Online Divorce Tools
Average price from $300
Websites for filling out divorce documents. Use software technonlogies to complete your divorce documentation.
  • Automated document preparation
  • Processing time varies but may take more than three business days
  • On-demand customer support, quality varies.
  • One flat fee claimed, however many sites have hidden fees
  • No experience: many sites started operating just a few years ago

Mediation support in Florida

Florida courts may require parents to use the services of mediators in case if they have minor children. The divorce in Florida may be postponed for up to 3 months due to the mediation sessions.

Divorce forms in Florida

Florida Courts website contains the divorce papers and most information about how to go through the divorce. The site includes rules pertaining to family law in Florida, legal opinions related to divorce in the state of Florida, and printable divorce forms.
Online Divorce may help to cope with selecting and preparing the divorce paperwork.
Online Divorce always takes into account the type of divorce and compiles the forms in accordance with the legislation of Florida. 

Uncontested divorce in Florida

Uncontested divorce in Florida

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.

The Florida divorce may be simplified if the following requirements are met:

  • There are no children in the marriage who have not reached the age of 18;
  • The Florida residency requirements are met;
  • All questions regarding the division of property and alimony have been agreed upon and the spouses have taken a unified decision;
  • Both spouses agree that marriage cannot be restored and it must be quickly terminated.

How to serve divorce papers in Florida

In order to start a divorce in Florida, the copies of the divorce documents and forms need to be delivered to the Defendant. There are 4 officially allowed ways of how to do it:

  • The Defendant may fill out the form "Answer and Waiver of Service";
  • Sheriff's service;
  • Private process server;
  • "Constructive service" by posting a message in the newspaper for 30 days (service by publication).
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Filing fees for divorce in Florida

The total cost of Florida divorce may greatly vary depending on the type of divorce and other conditions. With Online Divorce, the cost may contain the Florida court filing fees and cost of using the service of online divorce in Florida. This cost may vary by county.