In the end, I don`t recommend that you divorce yourself. Even if you think you know how to take action, no one wants you to have to renegotiate your divorce over and over again because of mistakes that could easily be avoided. Getting a simple divorce in Florida is not that difficult. In the case of a simplified dissolution of marriage or an uncontested divorce, both parties apply for the dissolution of the marriage, agree and are both called “applicants”. These types of divorces are the most consensual way to end the marriage and can potentially be settled without the help of a lawyer. You and your spouse can only apply for the simple dissolution of the marriage if: If you and your spouse agree on the terms of a divorce, you may be able to obtain an uncontested divorce. In most states, these are faster and cheaper than a normal divorce. Find out how to start your divorce. To file for divorce in Florida, you must prove that there is a marriage between you and your spouse, that at least one of you has been a Florida resident for at least six months, and that your marriage is “irretrievably broken.” (If your spouse has been mentally unable to work for three years, the state will also accept it as the reason for the dissolution.) From there, you submit either a simplified dissolution of the marriage or a regular dissolution of the marriage. If your divorce or support case involves special circumstances, such as a child or children with special needs, either party may use the application to deviate from the Child Support Guidelines (www.flcourts.org/core/fileparse.php/533/urlt/943.pdf). Matrimonial property includes any debt or assets accumulated during the marriage.

All assets and liabilities are distributed fairly or equitably at the time of divorce (equitable distribution). If you had property before the marriage, it is considered “illegitimate property” – as long as it has been separated from the matrimonial property. Florida courts will consider the contributions of you and your spouse to the marriage, including care in your marital home and child care, as well as economic circumstances. Be sure to provide all the financial information that your spouse or the court should know. You must complete a certificate of compliance with mandatory disclosure with your financial affidavit and swear that you have provided your spouse with all the necessary financial records. For example, I`ve had parents say, “Well, we divide time like this and we want to do it that way when they get to elementary school. That`s great, but what if one of you travels within the authorized 50 miles but changes the school district you`re zoned for? So what? Did you talk about that? Probably not. But your lawyer will have thought about it and addressed it in a good parenting plan.

What about holidays? They`re a beast for intact families, but when it comes to not killing you, your ex or God forbid your children during this stressful and beloved vacation, you need to reach out to them. It is important to ensure that all matters related to child custody and matrimonial property are resolved. These issues should be addressed in a signed divorce agreement or a “matrimonial settlement agreement.” With a simplified divorce, you and your spouse are essentially ready to shake hands and walk away. Once the settlement is made, you and your spouse will remember the agreement in a way that makes it enforceable and legally binding. In ordinary divorce proceedings, each spouse is invited to question each other and be cross-examined. All spouses have the opportunity to obtain documents about the other person`s expenses, income, debts and assets prior to a settlement or process through the mandatory discovery and disclosure process. Forms for filing a regular marriage dissolution include: The divorce process can be a particularly emotional and vulnerable time. Don`t make these common mistakes. In addition, the affidavit of the Uniform Child Custody and Enforcement Jurisdiction Act (UCCCJEA) must be completed and filed, even if you and your spouse agree to custody. An uncontested divorce is called a “simple” divorce for a reason – the steps are simple, dividing your assets and debts is simple, and concluding your divorce is easy. Please note that you may not need to complete all of these forms and some additional forms may be required if your situation is atypical.

So if you`re not sure which one to choose, if you`re having trouble understanding the questions in the newspapers, or if you just don`t have time to deal with the paperwork, we`re here to offer our help for a small $139 package. Do you think you`re ready to file for divorce? Here are the steps you need to take to officially end your marriage in the eyes of the State of Florida: The first document you will file is an application for dissolution of marriage (the spouse filing the petition is the “petitioner”, while the person to whom it is served is the “defendant”). The petition should focus on the division of property and debts, the payment of alimony, and the support and custody of minors or dependent children. If your individual annual gross income is less than $50,000, submit the short form. If it is more than $50,000, submit the long form. If you and your spouse can`t agree on the terms of your divorce, or if minor or dependent children are involved, you`ll need to file for a regular divorce. I have seen quite a few clients come a few years or even many years after a first divorce lawsuit was filed and granted by the court. Clients come and ask for a change or clarification of the original divorce because something has not been thought of. These are often glaring mistakes for someone who practices in this field. The following information provides an overview of the divorce process in Florida, from filing the divorce to the final judgment. It also addresses the common question of whether you need a lawyer to file for divorce. (Spoiler alert: You don`t need a lawyer to file for divorce in Florida, although meeting with a lawyer is almost always recommended.) The State of Florida uses the no-fault divorce process, where you or your spouse are not required to prove any type of fault.

Instead, you just need to show that the marriage is unrecoverable or that your spouse has been mentally disabled for three years. Nevertheless, the court often considers fault, such as cruel treatment or infidelity, when deciding on other family law issues, including: In the event of a disputed divorce, you and your spouse cannot or will not agree on the division of marital debts, marital property, and/or child-related issues….