Divorce Filing Process Florida

Summary

To file for divorce in florida, one spouse must reside there for six months. File a petition for dissolution of marriage, serve the other spouse, and exchange financial information. If a spouse is unreachable, service by publication in a court-approved newspaper is an option. Costs vary based on whether the divorce is contested or uncontested. Alimony and child support depend on factors like marriage duration and financial needs. Consult a local attorney for personalized guidance.

Full Conversation

divorce issue
Hi Jorge! Are there any specific issues or concerns regarding your divorce that you need help with? For example, child custody, property division, or alimony?
i need to know the process to filing in florida
Hey Jorge! Here’s a brief overview of the divorce filing process in Florida:
- Residency Requirement: At least one spouse must have lived in Florida for the past six months.
- Petition for Dissolution of Marriage: File a petition with the court.
- Service of Process: Serve the other spouse with divorce papers.
- Respond to Petition: The other spouse has 20 days to respond.
- Financial Disclosure: Exchange financial information with your spouse.
- Mediation: Attend mediation to resolve disputes, if required.
- Final Hearing: If everything is resolved, attend a final hearing for the judge to finalize the divorce.
Would you like more detailed information or help with a specific step?
what if i can not contact my spouse?
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If you can't contact your spouse for a divorce in Florida, you can request the court's permission to serve by publication. Here’s a short overview:
- Diligent Search: Show you've made a genuine effort to locate your spouse.
- Affidavit of Diligent Search: File an affidavit detailing your search efforts.
- Service by Publication: Publish a notice in a local newspaper.
Would you like more detailed information on any of these steps?
what type of publication?
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Hey Jorge! For service by publication in Florida, you must publish the notice in a local newspaper approved by the court.
Would you like more detailed information on how to complete this process or any other steps?
can you explain, Petition for Dissolution of Marriage
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Sure, Jorge! Here is a breakdown of the "Petition for Dissolution of Marriage" in Florida:
- File the Petition: The process starts with the spouse (petitioner) filing a "Petition for Dissolution of Marriage" with the circuit court in their county.
- Grounds for Divorce: Florida is a no-fault state, so the petitioner only needs to state that the marriage is "irretrievably broken."
- Information Required: The petition should include information about both spouses, any children, property, and debts.
Would you like more information on what needs to be included in the petition or any other part of the process?
yes
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In the "Petition for Dissolution of Marriage" in Florida, you need to include:
- Personal details of both spouses
- Information about any children from the marriage
- Details of marital property and debts
- The grounds for divorce (irretrievably broken)
Any other specific questions or steps you need more information on?
how much can a divorce cost me?
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The cost of a divorce in Florida can vary widely depending on several factors:
- Uncontested vs. Contested: An uncontested divorce is generally less expensive than a contested one.
- Attorney Fees: Rates can range from $* to $* per hour.
- Court Fees: Filing fees and other court costs are typically around $*.
Do you have any specific concerns regarding the costs?
whats the difference between contested and uncosteted?
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Hey Jorge! The difference between contested and uncontested divorces in Florida is:
- Uncontested Divorce: Both parties agree on all terms (child custody, property division, alimony). It's typically faster and less expensive.
- Contested Divorce: The parties disagree on one or more terms and require court intervention to resolve the disputes, making it more time-consuming and costly.
Do you have any other questions about the divorce process?
can i get alimony?
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Alimony in Florida depends on various factors. Here's a brief overview:
- Duration of Marriage: Short-term (less than 7 years), moderate-term (*-17 years), or long-term (over 17 years).
- Standard of Living: Your standard of living during the marriage.
- Financial Need and Ability to Pay: Your financial need and your spouse's ability to pay.
Do you need more specific information on how these factors apply to your situation?
we stay married fro 8 years
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Hey Jorge! Since you've been married for 8 years, your marriage is considered moderate-term, which can impact alimony decisions. Here are some other factors the court might consider:
- Age and health of both spouses
- Each spouse's financial resources and earning capacity
- Contributions to the marriage, like homemaking or career-building
Would you like more detailed information on any of these factors or something else?
i stay most on the home, he work
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Hey Jorge! Since you were mostly a homemaker while your spouse worked, this could be a significant factor in determining alimony. The court will consider your contributions to the marriage and your financial needs.
Would you like more information on how to present these factors to the court?
yes
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Jorge, it seems like you might have a high-value case regarding alimony given your moderate-term marriage and your role as a homemaker. Would you like to be connected to local lawyers who can better assist you with your case?
What is your name?
first, lets talk about child support?
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Sure, Jorge! Let's discuss child support in Florida. Do you have any specific questions or concerns about child support, such as how it's calculated, the process of filing for it, or enforcement issues?
how is calculated and how to fill it
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Hey Jorge! Child support in Florida is calculated based on the Income Shares Model. Here’s a brief overview:
- Income of Both Parents: Combined monthly net income.
- Number of Children: The amount varies with the number of children.
- Health Insurance & Child Care Costs: These costs are considered in the calculation.
Would you like more detailed information on any of these aspects?
what if he does not want to pay
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Hey Jorge! If your spouse does not want to pay child support, you can take legal steps to enforce the child support order:
- Court Order: Obtain a court order for child support.
- Enforcement: If he doesn't pay, the court can enforce the order through wage garnishment, tax refund interception, or other measures.
Would you like more information on the enforcement process or on how to obtain a court order?
can you suggest a lawyer in miami
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Hey Jorge! It sounds like you have a lot of important issues to address in your divorce case. While I can't suggest a specific lawyer, you may want to consider reaching out to the Florida Bar or a local legal aid organization for assistance.
If you need any more specific information or have other questions, feel free to ask!