Your Divorce Laws

Discover Your Divorce Laws and Save Money… ….by Mastering the Divorce Process in

 

Florida Residency Requirement
According to the Florida Divorce Laws and Florida Divorce Guidelines, to get divorced in Florida, one of the spouses must have been a resident of the state for at least 6 months before the case may be filed

Place of Divorce (Venue)
The case may be filed in:
(1) the county where the defendant resides
(2) the county where the spouses last lived together prior to separating

Simplified or Special Divorce Procedures
Florida has a procedure for a Simplified Dissolution of Marriage. In order to qualify to use this procedure, the spouses must certify that:
(1) there are no minor or dependent children of the spouses and the wife is not pregnant;
(2) the spouses have made a satisfactory division of their property and have agreed as to payment of their joint obligations;
(3) that 1 of the spouses has been a resident of Florida for 6 months immediately prior to filing for dissolution of marriage;
(4) that their marriage is irretrievably broken. The spouses must appear in court to testify as to these items and file a Certificate of a Corroborating Witness as to the residency requirement. Each must also attach a financial affidavit to the Simplified Dissolution Petition. Specific forms and an instruction brochure are available from the Clerk of any Circuit Court. In addition, sample forms for various aspects of a standard dissolution of marriage are available in the Florida Family Law Rules of Procedure. Financial disclosures are now mandatory in Florida.

Florida Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Irretrievable breakdown of the marriage

Grounds for a Fault based divorce:
(1) Mental incapacity for at least 3 years

NOTE: Regardless of the reason of the breakdown of the marriage or the reason for filing for divorce in , the Divorce Do It Yourself Service will do divorces on an "Agreed" basis or a “Default” basis.

  • An Agreed Divorce , defined by divorce guidelines and divorce laws, is a scenario where the spouses agree on the terms of the divorce such as property distribution, child support, or child custody. Most of our clients (75%) prefer the Agreed Divorce method and both spouses sign the divorce papers and are agreed to the terms of divorce.

  • A Default Divorce , according to the divorce guidelines and divorce laws, is a divorce where the other spouse doesn’t sign the Divorce forms or divorce papers, he/she doesn’t do anything at all with the divorce. They simply default on the case and the spouse who files for divorce gets whatever was asked for in the original paperwork.

 

Divorce Resources
Here are the important divorce resources for :
  • Divorce Legal Code

 

Process to File for Divorce in
There are just a few basic procedural steps to a divorce:

  • File Divorce Papers for ( Divorce Forms)
  • Notify Spouse of your filing for divorce in
  • Attend your divorce hearing

 

How The Divorce Service Works

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Child Custody Laws
Simple Definitions: (source: divorce process in and divorce laws)

  • Visitation is the plan the spouses have on where the children will live and when the children will see the other spouse
  • Legal Custody is the ability of the spouses to make decisions in the lives of the children. Such as, where the children will attend school and which church they will go to.
  • Physical Custody pertains to the place where the children will live and which parent they live with.

Child Custody in a shared arrangement, in one form or another, is the preferred method of our divorce customers. If a sole custody arrangement is to be considered, then there is usually a reason agreed upon by both parties that one parent is to have the children. Usually the financial status of a parent is not to be considered for allocating any parental rights and responsibilities. Shared Custody or Sole Child Custody may be awarded according to the best interests of the child.

Child Support Laws
If the parents are unable to agree to an amount of child support, there are guidelines that determine the amount of support based on the Child Support Guidelines. The child support guideline amount is presumed to arrive at an amount of support that is in the child's best interest. But, most divorcing spouses agree to a figure on their own, that will work just fine. Also, in most situations, -0- Child Support is OK if both spouses are working and can manage. This is also true for a Legal Separation in .

 


Child Support Calculator
You can calculate your child support in right here.

 

Court Filing Fees
The Court filing fees are not included in the price of our service. To file for divorce in , fees must usually be paid when you file the divorce forms and divorce papers at your county courthouse. These fees vary between County to County, so it is best to call them and ask what the fees are in your County. Whether you are going through a divorce service, using a divorce kit, using a divorce attorney (or divorce lawyer), or doing a nearly free divorce in , you will almost always be the one to cover the court fees which is standard procedure.

Divorce Laws for Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property is divided so that both parties agree to the division. The main concern here is to agree to the property division so that it doesn’t create a fight that one party will want to go to a divorce lawyer or divorce attorney to make the case into a Contested Divorce. Then you will have to incur the fees of a lawyer too.

  • Debts Most divorcing spouses set out who will pay what debts as part of their marital settlement agreement during the divorce process, and close all of their joint accounts.
  • Alimony Laws ( Spousal Support Laws) In an Uncontested Divorce, Alimony may be awarded to either spouse for their support and maintenance after the divorce. Both parties must agree to it. Since most spouses are working, alimony (if awarded at all), is usually for a shorter period of time, and smaller amount than in the past. In the divorce laws for alimony, it is possible for alimony to be paid in a lump sum payment of money or a payment plan. Alimony is not required for a person to get divorced in .

Missing Spouse
If you can't locate your spouse, after diligent effort, you may still get a divorce in . It may involve the extra expense of running a newspaper ad or something similar. We help you through the process.

Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she wishes. We include this name change in our service for FREE. Divorce in often includes a name change.

 

Divorce Laws and Guidelines