At the time of divorce, Florida residents have the option of both consulting with an attorney and filing their divorce petition on their own. If you live in Florida, you will need to meet the residency requirements and follow the legal procedures required by that state's legal framework to file your divorce filing. Therefore, follow the tips below.
Steps
Step 1. Resolve or determine accountability for financial matters
Financial issues, such as determining who will have to finish paying the rest of the mortgage-backed loan, debts contracted for loans or by credit card, must be resolved before filing for divorce.
Step 2. Decide how marital assets will be divided
Consider the division of real estate, financial assets, and resources from retirement funds. The agreement on the division of assets must be written and signed by both parties.
Step 3. Find the competent court
Obtain the address and location of the competent court in your city or in the area where you live.
Step 4. File your divorce application at the court chancellery
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Bring a valid photo for the identification of both parties. Both, in fact, you will have to report to the registry office.
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Provide a witness for confirmation of residency. The witness must bring a valid photo for identification and must confirm that at least one member of the couple has lived in Florida for at least six months. It is advisable to hand in a certificate authenticated by the witness rather than appearing in person as a witness.
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Submit a marital settlement agreement. The agreement for the division of assets reached by the parties must be presented together with a marital settlement agreement.
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Pay the fee for filing the documents at the clerk's office. Checks are not accepted.
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Step 5. Go to the final hearing
Both parties must appear at this hearing. It is usually held about 30 days after the filing of the divorce petition.
Advice
- Check if your county has a service center available. These centers provide suitable forms for filing for divorce and offer advice on how to complete them.
- Write the asset division agreement fairly for both parties. The judge in the final hearing will determine if the interests of each party are respected, before approving the divorce.
- Maintain relations with the counterpart in the best possible conditions throughout the divorce process. Voluntary participation by both parties is required in order to get a divorce in Florida.
- Don't penalize and don't be greedy. If you make the process difficult for the other party, they could hire a lawyer.
Warnings
- It is not possible to file for divorce in Florida if there are dependent children born during the marriage. In addition, you will need to prove that there is no pregnancy in progress.
- When submitting the application, you will need to provide the right documentation with which to prove that at least one party has resided in Florida for at least 6 months.
