Florida divorce uncontested sample form
To use the simplified procedure, the couple must meet 10 requirements.
Uncontested Divorce in Florida
A minor is one under 18 years. A dependent may be one over 18, but still dependent because of disability. Children from a previous marriage are not considered as long as the current spouse has not adopted them. This routine begins when the couple files a Petition for Simplified Dissolution of Marriage in the Circuit Court of their county, normally the county of residence.
The petition identifies the couple as husband and wife, and it is filed jointly. It states that the marriage is "irretrievably broken"; that the wife is not pregnant; that the wife does nor does not want her former name restored; that they both agree to appear at a divorce hearing; that they agree to waive rights of appeal.
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The Petition is filed with a Civil Cover Sheet, a simple form which identifies the parties and describes the type of action -- divorce. Attached to the Petition are the Family Law Financial Affidavits, one for the husband and one for the wife, and the Marital Settlement Agreement, which the couple have often negotiated themselves, with or without outside help. It establishes the terms and conditions of the property settlement. At the time of filing, the spouses also must complete a Notice of Social Security, which provides the court with the Social Security numbers.
This form is not attached to the Petition.
Working Out an Agreement With Your Spouse or Domestic Partner
Some counties also require the parties to complete a Notice of Current Address, which provides the current addresses and telephone numbers of the parties. At the time of the divorce hearing, the couple presents the court with the Final Judgment of Simplified Dissolution of Marriage. At the hearing, the spouses also complete a Final Disposition Form, which is a record of the disposition of the action.
At the same time, the spouses must also verify Florida residency, and that at least one of them has been a resident of Florida for at least six months prior to initiating the action. The Simplified Dissolution can take as little as three weeks from the filing to the hearing that ends the marriage. Many couples, learning how easy it is, work harder to iron out differences that might prevent them from using it. These differences often involve the distribution of property. If for any reason the couple cannot qualify for a Simplified Divorce -- e.
Going this route eliminates the need for a Summons and Service of Process. In this regime, one spouse is the Petitioner, who files the papers necessary for the action, and the other is the Respondent, who may or may not answer the action. If, for example, the other spouse does not oppose the divorce but will not actively cooperate, a Summons must also accompany the Petition for Dissolution.
The Summons informs the respondent that he has 20 days to file an answer to the petition under pain of a default judgment against him or her. Comments and Help with how does a divorce decree look like. Video instructions and help with filling out and completing what does a divorce decree look like. Instructions and Help about final divorce decree template form.
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Related to divorce decree florida. But there are exceptions to this, such as where the property, money for example, is put into a joint account during the marriage ie commingled and used for marital purposes.
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Another exception is where the value of the property grows during the marriage because of the efforts of the other spouse. IE investment expertise, etc. Also, one party may have no claim to property given exclusively to the other during the marriage, by a relative in a will for example. Courts also have the authority to assign responsibility for debts acquired during the marriage, and they will take into account the earnings and assets of each party when doing so.
Where the value of an item is in dispute, expert appraisers may be needed to give opinions about value. This is especially true where there is a family business. Under certain circumstances it will be considered a marital asset, a value will be assigned, and a spouse may receive a portion of the value. It should also be noted that Courts will generally not force the sale of a house where a spouse and minor children are living there. Once the parties separate they may live their lives as they choose as long as they do not interfere with the other.
Generally speaking infidelity during the course of the marriage can be taken into account by a Judge if there is evidence that the offending party spent marital funds on the third party. After separation parties are free to have a relationship with someone else if they desire. Information Provided by: Arnie Gruskin, Esq. Enter Your Zip Code:.
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