Do it yourself divorces in florida
That answer may contain a Counter Petition that lists everything the responding spouse wants. The Counter Petition for divorce also requires a filing fee. Unlike the petition, the counter petition may be mailed or sometimes emailed. It is extremely important the answer is filed on time.
Failure to do so may result in important rights that are permanently lost. The day deadline encompasses calendar days. In other words, you must look at the calendar and count forward 20 days.
Weekends, and holidays are part of the 20 days. Instead of guessing it is best to file your answer early. Florida has a system that requires all information to be visible, exchanged between the parties, and available on request. This includes anything that would be useful to the case, and of interest to the judge. A divorce filing automatically requires both spouses to hand each other financial affidavits — a complete roadmap of personal finances.
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There is also an automatic requirement to provide some basic financial documents to the other spouse. That requirement includes tax returns, paycheck stubs, retirement statements, etc. Each spouse has the right to request more documents. Almost anything is fair game as long as those requests relate to the case. In general the requested documents must be provided within 30 days of the request.
Upon request the court will enforce document requests. If you are at this point in your case, it means the divorce is proceeding along its normal course. If you filed for divorce in Florida, you can count on going to mediation. The court will order it and you must attend that mediation before going any further in your case. Most court systems have an internal mediation department. If that is the case in your situation, you may benefit from having the mechanical part of setting up mediation performed for you by the mediation department.
Some smaller counties do not have a mediation department and you will have to do all the legwork yourself. Our attorneys can provide representation for mediation—only upon request.
Consumer Pamphlet: Divorce In Florida – The Florida Bar
Part of our service will be to help select a mediator, schedule mediation, and then provide advocacy and advice during the mediation. The vast majority of people end up settling at mediation. That involves creating and signing an agreement that details the outcome of all formerly contested issues. If this describes your situation, you will eventually head to a final hearing. If there are no attorneys on your case, an internal court department may schedule the hearing for you. If there is at least one attorney, that attorney will control and arrange scheduling.
Walking into a final hearing with a signed mediated agreemself-representednon-stressful event. Everyone is happy when you have an agreement. That includes soon-to-be ex-spouses, the judge, and the bailiff. Attorneys involved with the case almost always exhibit a good mood when the case is settled. The final hearing will probably take 10 minutes at the most. If you did not settle your case — it will eventually proceed to trial.
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Trial can last anywhere from one hour to one week. It is a grueling, tiring, and expensive process. Now is the time to come in and see us if you did not have an attorney up to the time trial is scheduled. Prepping for trial takes time so the sooner the better.
How to File for No Fault Divorce in Florida - State Requirements and Documents
A divorce trial can shift hundreds of thousands of dollars between the two of you over the next decade. Parenting rights can be gained, lost, or damaged permanently. If your case is going to trial, now is the time to break open your wallet, hire a good attorney, and to stand up for the things most important to you. If you filed for divorce in Florida and you learn your case is scheduled for trial, The Law Firm of Ayo and Iken can provide an attorney that will quickly learn your case, work with you on an effective presentation, and rise to the occasion at the most critical time in your live.
Definitely not. But at some point you must ask yourself if it is worth the risk. The consequences of a poor decision or lack of knowledge can outweigh the cost of an attorney by many times. Sometimes you can afford limited help from an attorney and it will make all the difference in your case. You have to consider your priorities and the importance of your goals. Filing for divorce in Florida can be incredibly simple, or incredibly complex. It really depends on what you have to lose or gain. The court system does not seem to be designed for self represented people. It is a system designed by attorneys and run by attorneys.
If you have kids, large sums of money, or important personal possessions at stake, give us a call and we can discuss your options and cost alternatives. Our consultations are free and you will meet with an experienced Ayo and Iken divorce attorney.
How to File for Divorce for Free in Florida
I had a very short time to find an attorney, this office was able to answer my questions online over the weekend and schedule me bright and early Monday for a consultation with Jason Ponder. We were in court that Wednesday. Anonymous — Avvo.
Need assistance with this form? Free Consultation is limited to individuals considering hiring an attorney. Not all situations qualify. Fee charged for appellate case evaluations.
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No minor children are involved and there is no impending pregnancy. Asset and liability division is already agreed upon. No party seeks alimony. Other than the financial affidavits filed with the petition, there are no requests for more extensive financial review. Parties waive their rights to trial and appeal. Both parties must sign the petition at the clerk's office and attend the final hearing.
In situations where there are minor children or other dependents involved, use the county's Dissolution of Marriage with Dependent or Minor Children by Agreement , packet number 15, to do your divorce yourself. This petition works similarly to the simplified dissolution except children or dependents are involved. You must use this form to address custody arrangements of minor children, other dependents or a pending birth.
Complete the petition at the courthouse, signing in front of the deputy clerk. Once filed, petitioners must serve the other party who has 20 days to answer. After 20 days, one of three courses of action occurs: default, uncontested or contested.
Default means there was no response, and the petitioner may file for a motion for default judgment, meaning the judge automatically rules in favor of the petitioner. An uncontested response means your spouse fully agrees with the terms of your petition. Then mandatory disclosures, such as assets and liabilities, are filed and a notice of hearing is set based on the court's availability. If your spouse's response disagrees with your original petition, this becomes a contested divorce, and the uncontested do-it-yourself resolutions do not apply.
Another packet that you may use is packet number 19, Dissolution of Marriage No Children by Agreement. As the petition form suggests, there are no children involved in this type of dissolution, but there are assets. If no alimony is sought, and the parties agree to the division of assets, simplified dissolution is a faster option.
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But choosing this type of dissolution over a simplified dissolution reserves rights for an appeal later on. Time and costs are increased because more court work is done. You file the petition.