How to Write a Dissolution of Marriage in Florida
The dissolution of a marriage in Florida, usually called a divorce decree, can happen either by mutual consent or by argument. In the first case, you can represent yourself and avoid having a trial. In the second, you will need to hire an attorney. Florida has two general grounds for divorce: the marriage has been irretrievably broken due to adultery, cruelty or incompatibility, among other reasons; or the spouse is mentally incapacitated, in which case the court must ascertain that the person has been judged mentally unstable for a period of at least three years prior to the filing.
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Instructions
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Go to the County Circuit Court in Florida where either you or your spouse lives to file a Petition for Dissolution of Marriage. Fill in your information as the Petitioner, and your spouse's as the Respondent. If your divorce is uncontested, use the forms for a simplified dissolution, which waives both of your rights to a trial.
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Each of you must supply three extra forms if your divorce is uncontested: a Financial Affidavit, a Notice of Social Security Number and a Marital Settlement Agreement. In the agreement, you will each list the terms you've come up with together for settling your divorce, both financially and as regards any children you may have.
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Complete a Civil Cover Sheet and submit your application to the Clerk of Court along with the associated fees. If you cannot afford the fees, complete a Application for Determination of Civil Indigent Status. The Clerk of Court will decide if you meet the requirements for having the fees forgiven.
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Fill out a Final Judgment of Simplified Dissolution of Marriage, then obtain a date and time from the Clerk of Court for an appearance before the judge. Bring the Final Judgment with you to the appearance. In an uncontested divorce, this is not a trial but rather a simple hearing. If the judge doesn't have an objection to your divorce settlement agreement, especially as regards any children involved, he will grant the divorce immediately.
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Hire an attorney if your divorce will be contested. In the case of an argument between you and your spouse about the children, the court will step in to provide the most equitable, or fair, arrangement.
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References
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