Filing A Divorce In Florida – Family law issues include divorce, child custody, alimony, adoption and domestic violence. Each state has jurisdiction to hear family law cases between its residents. In Florida, family law cases are considered civil disputes and are heard in the state’s district courts.

Divorce in Florida is officially called a “dissolution of marriage.” Florida law requires at least one spouse to have jurisdiction or standing in Florida for at least six months before filing for divorce. Florida is a no-fault divorce state, meaning you do not need to provide a reason or basis for ending the marriage. On the contrary, a divorce can be filed if the marriage has broken down beyond repair for at least six months. Only one party must prove that the marriage has broken down.

Filing A Divorce In Florida

The person filing for divorce is called the plaintiff and the other spouse is of course the defendant. There are four forms to choose from when filing for divorce in Florida. Category: Simple divorce application; Application for divorce with minor children; Request to dissolve a marriage with property but no minor children; and request dissolution of the marriage with no assets and no minor children.

Florida Divorce Petition Template

Depending on whether you have children or shared assets with your spouse, you must choose the type that suits his life and circumstances. These cases have different requirements depending on the form used.

When liquidating an estate, the parties are obliged to submit documents regarding assets and finances. Any prenuptial agreement between the parties must be filed with evidence of its enforceability.

In the case of a divorce involving minor children, each party must first attend a ‘parenting class’ on the consequences for the children and the divorce. Florida statute requires both parties to take a parenting class before initiating a divorce. The class will provide instruction on legal procedures related to parental rights and responsibilities, child support, and discussion of parenting time.

A preliminary divorce request is a less complicated divorce procedure than a divorce without assets and minor children. In short, a simple divorce is an uncontested divorce when both parties agree to the terms of the divorce. You can apply for a simple divorce if: both parties agree that the marriage has broken down; both parties agree to sign the petition (divorce is uncontested); there are no minor children from the marriage; The parties have a full agreement on how to divide assets and finances; no party requests alimony; both parties agree to attend the final court hearing to issue a divorce decision; or both parties agree not to go to court. Both parties to a simple divorce must file with the court a prenuptial agreement (MSA) detailing how all issues will be resolved, and they must file a final divorce decree at the final hearing.

What Documents Do I Need To File For Divorce In Florida?

Divorce in Florida (with the exception of summary annulment) has many requirements and procedures. First, the plaintiff must file for divorce and serve it on the other party. Additionally, the defendant must file an answer to the divorce petition within twenty days of service of the notice. In the answer, the defendant must answer all the allegations raised in the original complaint, as well as any new issues he wishes to raise in the counterclaim.

If the defendant does not respond to the complaint, the other party may seek judgment against him. By default, the judge may rule on the portion of the original complaint that fails to satisfy the claim.

Florida requires full and complete financial disclosure between divorcing couples. Each party must submit all of its financial information within 45 days of filing. For couples with minor children, they must complete a child support guide to help the judge calculate the appropriate amount of child support.

Florida is a state that encourages parties to cooperate to resolve important divorce issues, especially property division and child custody. Therefore, most family law attorneys in divorce, child custody or support cases are always instructed to try mediation first. Dispute resolution allows family issues to be resolved between parties without the expense, time and stress of litigation. However, if an agreement cannot be reached through mediation, the case will be heard in family court.

Florida Divorce Decree ≡ Fill Out Printable Pdf Forms Online

During the hearing, both sides can share their findings, present evidence, and call witnesses. The court will then issue an order outlining property division, child custody, and a parenting time plan. If the person has children, the judge will order child support. After the trial, the judge always issues a final divorce decree, officially declaring that the marriage has been legally dissolved.

Florida family law matters involving child custody, parenting plans, paternity, adoption, and child support are also heard in district courts. Children cases may involve divorced parties or unmarried couples with minor children. If it is an issue that arose after the divorce or the initial child support or custody order, it is called a post-judgment motion. Post-judgment motions involve cases involving special changed circumstances that arose after the original order and for which a party requests a modification by the court.

Florida law provides that minors have the right to have contact with both parents as frequently and continuously as possible. Florida uses the best interests of the child standard when handling child custody cases. Florida law assumes that it is in the best interests of the child for both parents to share the relationship and parental rights and responsibilities. Therefore, sole physical custody is not acceptable unless it is in the best interests of the child to have only one legal guardian.

Alternative dispute resolution, or mediation, is often the court’s decision for parents in child-family cases before going to court. It is believed that parents should first try to establish a parenting plan or support order before the court hears it. If no agreement is reached or there are unresolved issues, the case will be decided by a family law judge.

Your Guide To Filing For Divorce In Florida

Defendants who believe they have not received a fair decision in district court can appeal to a higher court, the district court. The order must be a “final order” or final decision before an appeal can be filed. A final judgment is one where there are currently no other issues before the court.

The notice of appeal must be filed with the provincial court in which the appeal was first heard. Additionally, it must be filed within 30 days of the date of entry of the final order. During this time, a person can file a “stay” or “stay of execution” petition, which will pause the appeal of a case, such as a support order, until the case is resolved. trial in the court of appeal.

An appeal can only be filed if the judge asking the court made serious procedural errors or if the judge misapplied the law. Those who are simply unhappy with the decision and want a trial in another court cannot appeal. Therefore, an appeal can only be filed in certain cases.

When the district court of appeals hears a case, it may enter a judgment that may “vacate” or reverse the original order, or it may “remand” the case and send it back to the court. district with specific instructions on how to proceed. next situation. A family law case can rarely be appealed to the Florida Supreme Court unless there is a serious error in the state court’s handling of the family case.

Florida Divorce & Family Law Experts

The Family Division of the Florida District Court also handles domestic violence cases. “Domestic violence” is violence or physical abuse that occurs between a spouse, ex-spouse, current or former intimate partner, or blood relative. Sexual assault, kidnapping, rape, kidnapping, and stalking are examples of domestic violence.

If you or someone you know is a victim of domestic violence, it is important to contact local police immediately and take action against the abuse. An order of protection or restraining order can and will be issued by the court to prevent that person from contacting you. Law enforcement, legal aid, or social workers may assist in providing information to the court to obtain a restraining order. You must prove that the person has committed an act of physical violence and that you fear for your safety. Additionally, local authorities can prosecute any violators.

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