Florida divorce law provides for a quick process called simplified dissolution of marriage. Couples who come to complete agreement concerning all of their marital issues can use this get a quick divorce. From filing to finalization, the process takes about 30 days if the divorce is uncontested.
Husbands and wives who have legal questions concerning Florida divorce should always consult an attorney. However, if both parties agree about grounds, venue, child support and custody, alimony and property division, they can save time and money by using a do-it-yourself approach.
It is also important to know that by filing for a simplified dissolution of marriage, both parties forfeit their rights to a trial and an appeals process.
Free Legal Forms Used to Prepare a Simple Florida Divorce
All of the paperwork needed to prepare a simplified dissolution of marriage can be found at the Florida State Courts Self-Help website. All filing couples will need to complete and sign the following forms:
- Petition for simplified dissolution of marriage (with or without children and property)
- Family law financial affidavit (one for each party)
- Marital settlement agreement (one for each party)
- Final judgment for simplified dissolution of judgment
- Notice of Social Security Number form
- Disclosure from Non Lawyer (if a non-attorney helps either party fill out the paperwork)
If children are affected by the divorce, these additional forms should also be filed:
- Uniform Child Custody Jurisdiction and Enforcement Affidavit
- Child Support Guidelines Worksheet
One or both of the parties will need to prove that they have lived in Florida for at least 6 months prior to filing for the divorce. This can be done with any valid form of Florida identification, witness testimony of a third party in front of the judge at the divorce hearing or an affidavit of corroborating witness.
Where and How to File a Simplified Dissolution of Marriage in Florida
Under state law, the paperwork must be prepared for and filed in the circuit court in the county where one of the parties resides. Each court has a filing fee to open a case that will be paid when the clerk accepts the paperwork. A case number will be assigned. Both the husband and the wife must sign the petition at the courthouse in front of the clerk, but this does not have to be done at the same time.
Self-Representation at a Florida Divorce Final Hearing
The final hearing can be scheduled about 20 days after all the legal documents have been filed by calling the clerk of circuit court. The court will issue a date and time for the hearing, and both parties must attend.
Be certain to take a Final Decree for the judge to sign. He may have a few rudimentary questions about the information found in the filed documents. Additionally, he will want to make sure that all of the necessary paperwork has been completed in compliance with Florida law.
File the signed Decree with the circuit clerk and ask for a certified copy for each party to keep for their records.
When filing an uncontested divorce action in Florida without an attorney, make certain to research the law at the state’s self-help family law website before getting started. The process is not difficult if the husband and the wife are on the same page regarding all of their marital issues, but it’s important that both parties are fully informed of their legal rights.
For more information on self representation and divorce, please read Self-Representation in Court without an Attorney, How to File for Uncontested Divorce in Georgia and How to File a Publication Divorce in Georgia.
Additional sources:
Florida Simple Divorce: The Facts
Janice Fahy - Janice Fahy is a freelance writer who is comfortable researching and writing on just about any topic under the sun.
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