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When you think about filing for divorce in Florida, the first thing that tends to come to mind is a long process, lots of divorce papers and hassle. If you are considering an uncontested divorce you are already going through a difficult period, and the last thing you need is to prolong this even further. Luckily, thanks to GetDivorcePapers.com you do not need to worry.
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In Florida there are certain legal grounds that are allowed to file for divorce. The following are the grounds for divorce in Florida:
In Florida you are also able to file for a Simplified Divorce which makes the process a little bit easier. To file Simplified Divorce all of the following must be met:
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There is a 20-day waiting period before your divorce can be finalized in Florida. The waiting period begins the day you file the Complaint.
To file for divorce in Florida, your or your spouse must live in Florida for at least six months. For an uncontested divorce, you and your spouse must agree to the terms of divorce including the division of assets and debts, child custody and support, alimony, etc.
Irretrievable breakdown is the no-fault ground in Florida. Previously one party needed to be at fault to file for divorce in Florida, however now parties can divorce just because they no longer wish to be married. This is referred to as a no-fault divorce meaning you do not have to prove the fault of either party.
While you do not need your spouse's signature to get a divorce, the court requires you to give your spouse notice of the divorce filing. If you do not know the location of your spouse, you will need to prove to the court that you have attempted to locate your spouse. If after doing your due diligence the court will allow you to serve them by publication. This means that you will need to put ad in the local newspaper, of your spouse's last known location, giving notice of the divorce. The publication needs to run once a week for 4 consecutive weeks. Your spouse will have 28 days to respond before the court grants a default divorce.
In most cases you will need to go to court to file the initial forms with the court. You may need to appear for the Judge to sign off on the Final Decree as well. If you and your spouse agree to the terms of the divorce, there will not need to be a trial.
The court will always do what is in the best interest of the child. Florida statute 61.13 sets out the State of Florida's policy that frequent and continuing contact with both parents is preferred However, in some cases joint custody is not possible. The court will usually accept the terms that you and your spouse have agreed to as long as the interests of the child are protected.
Child support is determined based on a state guideline amount. Any amounts paid for childcare and health care are taken into consideration when calculating the amount for child support.
Florida is an equitable distribution state. This means that in a divorce, the court will divide the assets in a fair and equitable manner. Equitable does not necessarily mean 50/50. There are several factors considered which includes:
If your spouse is willing to sign an "Answer, Waiver, and Request for Copy of Final Judgment" acknowledging that he/she has received the papers, you may hand the papers to your spouse or send them by email or regular mail. Otherwise, you will need to serve your spouse with the initial divorce papers by hiring a sheriff, constable, or private process server to serve your spouse with divorce papers.