At the time of filing, the spouses also must complete a Notice of Social Security, which provides the court with the Social Security numbers. This form is not attached to the Petition.
Florida Uncontested Divorce
Some counties also require the parties to complete a Notice of Current Address, which provides the current addresses and telephone numbers of the parties. At the time of the divorce hearing, the couple presents the court with the Final Judgment of Simplified Dissolution of Marriage.
At the hearing, the spouses also complete a Final Disposition Form, which is a record of the disposition of the action.
At the same time, the spouses must also verify Florida residency, and that at least one of them has been a resident of Florida for at least six months prior to initiating the action. The Simplified Dissolution can take as little as three weeks from the filing to the hearing that ends the marriage.
Many couples, learning how easy it is, work harder to iron out differences that might prevent them from using it. These differences often involve the distribution of property. If for any reason the couple cannot qualify for a Simplified Divorce -- e. Going this route eliminates the need for a Summons and Service of Process. In this regime, one spouse is the Petitioner, who files the papers necessary for the action, and the other is the Respondent, who may or may not answer the action. If, for example, the other spouse does not oppose the divorce but will not actively cooperate, a Summons must also accompany the Petition for Dissolution.
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The Summons informs the respondent that he has 20 days to file an answer to the petition under pain of a default judgment against him or her. To begin a divorce on this route, the Petitioner files a Civil Cover Sheet with one of three forms called a Petition for Dissolution of Marriage, depending upon the circumstances of the couple. If child support is a consideration, a Child Support Guidelines Worksheet must also be completed, usually as part of negotiations toward a settlement. The Family Law Financial Affidavit is normally accompanied by the Certificate of Compliance with Mandatory Disclosure, which certifies that the other spouse has provided required financial information to the Petitioner.
These interrogatories enlarge the financial information contained in the Family Law Financial Affidavit, and they are made under oath. This notice becomes part of the record. Once all the requisite paperwork is filed, the Petitioner must schedule a divorce hearing for the final judgment. The hearing is very brief and usually takes no more than ten minutes. For a variety of reasons, sometimes one spouse permits a marriage to dissolve by default, for example, by not signing the Marital Settlement Agreement but without actively opposing the divorce.
In the case of a default, the Petitioner prepares all of the paperwork associated with an uncontested divorce, including the Civil Cover Sheet; Petition for Divorce using the appropriate form depending upon whether there is property or children ; the Family Law Form long or short ; the Notice of Social Security.
As mentioned above, a couple can arrange a default divorce when both may sign the Marital Settlement Agreement, and one spouse signs an Answer, Waiver, and Request for a Copy of Final Judgment of Dissolution. Forms Firms Schools. Most courts will require that this form be completed and filed along with a Marital Settlement Agreement.
Please note that in Paragraph 5 Grounds for Divorce , the Petitioner will need to specify grounds for divorce that are recognized as valid within the State of Florida. Florida law recognizes only the following grounds as sufficient for granting a no-fault divorce: Irretrievable breakdown of the marriage.
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See the terms and conditions for this offer for further information. ILRG guarantees your complete satisfaction with your purchase. If you are not percent satisfied after purchasing from us, contact us for a full refund. Those concepts are addressed by the term "timesharing". If the parties cannot agree, the courts consider what is in the best interest of the children and not the parents when deciding timesharing. Bear in mind however that in a Florida uncontested divorce, the parties can agree to something different than a judge would order if the matter was decided in a contested divorce situation.
Each party must make full financial disclosure to the other.
Amongst other things, the parties each need to prepare a financial affidavit and file it with the Court. There is an exception in simplified dissolutions. Simplified dissolutions cannot involve children. Also, keep in mind the divorce in Florida cost. Divorces can be expensive, but the way we offer online divorces keeps the price down, especially if it's for an uncontested divorce. In a Florida uncontested divorce, the attorney draws up a Marital Settlement Agreement which the parties sign. And the parties then go to Court for a very short final hearing.
It is usually not necessary for both parties to attend the final hearing. In fact, Attorney Gruskin can help you and your spouse avoid going to Court at all in an uncontested divorce. The cost of an uncontested divorce in Florida should be minimal. And the case can usually be wrapped up within thirty days of the time that the parties come to an agreement.
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