How to Fill Out Divorce Papers in Florida
If you are filing for divorce in the state of Florida, you need to make sure you meet all requirements. For instance, in Florida you must cite a reason for dissolving your marriage. This reason can be as general as irreconcilable differences. You or your spouse must also have lived in the state for at least six months. If all requirements are met, then filing for divorce is a relatively simple process that requires a document known as the petition for dissolution of marriage.
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Instructions
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Determine whether you meet the requirements to get a simplified dissolution of marriage in Florida. A simplified dissolution of marriage is when both parties agree the marriage cannot be saved, there is no shared custody of minor children, there are no disagreements regarding the division of property, both parties agree to give up their right to a trial and both agree to sign the petition and be present at the final hearing. If you do not meet these requirements, you will have to file a regular petition.
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Obtain a copy of a petition for dissolution of marriage. If you are filing for a simplified dissolution, you can obtain a copy of the petition from the county clerk's office where you are filing for divorce. Otherwise, you will need to hire an attorney to assist with drafting the petition.
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Fill in the required fields on the petition. This will include the names of both spouses, their counties of residence, how long they have lived there, the date of the marriage and the city and state where the marriage took place. If you are not filing for a simplified dissolution, the same fields will apply; however, there may be additional information needed depending on the specifics of your divorce.
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Go to the county clerk's office and sign the petition in the presence of a deputy clerk. Both parties do not have to be present at the same time, but both signatures are necessary. Picture ID must be shown at this time. This applies to all types of divorces. File the petition with the county clerk's office.
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Obtain a copy of a financial affidavit, notice of Social Security number and a marital settlement agreement. Each spouse will need his or her own financial affidavit and notice of Social Security number. These documents can be obtained at the county clerk's office.
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Fill out the financial affidavit with your name, employer, occupation, business address, pay rate and earnings. Include any monthly deductions and expenses that you may have. Also, list all your assets and their value, liabilities and the amount owed, and sign the document. This document is used in all divorces.
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Fill in your name, date of birth and Social Security number on the notice of Social Security number and sign it. File the document with the county clerk's office. This document is used for all divorces.
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Fill out the marital settlement agreement with your name and your spouse's name, the date of your marriage, any marital assets and liabilities the two of you share and the division of each. This document is only used for those seeking a simple dissolution. The marriage settlement agreement should be filed with the county clerk.
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Tips & Warnings
If you are not seeking a simple dissolution, you should consider hiring an attorney to help you draft and file any additional paperwork needed throughout the case, including child custody agreements and visitation schedules.
If there is a minor child involved, or if one of the parties denies that the marriage is irretrievably broken, the court can order the parties to consult with a counselor for not longer than three months before the divorce proceedings can continue.
References
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