How long does divorce take in florida

Child support in Florida is a fluid number based upon state guidelines, but the court will ultimately decide child support costs on a case by case bases.

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Some factors included in child support calculations are:. It is important to note that one large factor considered is income. Consequently, most child support orders are built to change if the parent's income changes. Florida is a no fault divorce state, which means that if a couple no longer gets along they can file for a dissolution of marriage.

A spouse may file for a divorce without his or her spouse having committed any fault. In Florid, you must only prove your marriage is "irretrievably broken" to petition for a divorce. Dissolution of marriage is the legal term for divorce in Florida.

Uncontested Divorce

Instead of filing for a divorce, you petition for dissolution of marriage in order to terminate a marriage. Most lawyers will also demand an upfront retainer fee before any work is done. The following list shows a generalization of the different kinds of divorce s that are available in Florida.

Simplified Dissolution of Marriage — A simplified divorce is available to couples who have lived in Florida for at least 6 months, agree on the same terms, have no children, and are not seeking alimony. The process usually takes 30 days to complete as long as there is a complete agreement on the terms of the divorce and it is uncontested.

Talk to a Divorce attorney.

Uncontested Divorce — When both parties agree on every detail such as the division of property, debt, alimony, child support, and parenting plans, they can file for an uncontested divorce. Your attorney will draw up a Marital Settlement Agreement, and then either one or both parties will go to Court for a final hearing.

The total time it takes to complete a Florida uncontested divorce is generally around months. Contested Divorce — If terms cannot be worked out amicably by both parties, then decisions must be made by a judge. There are two different ways to file for a divorce in Florida: a simplified petition and a traditional petition for dissolution of marriage. Getting a simple divorce in Florida isnt that hard.

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You and your spouse can only seek a simple dissolution of marriage if:. With a simplified divorce, you and your spouse are essentially both willing to shake hands and walk away.

This is called a divorce settlement, which presumes both parties are happy with the terms and can be assured of the end of litigation. After the settlement has been reached, you and your spouse will have the agreement memorialized in a way that makes it enforceable and legally binding. In regular divorce proceedings, each spouse is privy to examine and cross-examine each other.

The forms for filing a regular dissolution of marriage include:. The summons is the document the clerk signs to give the process server the ability to service your spouse, who is viewed as the defendant. Service refers to the act of giving a copy of the required papers to the other party through the procedures of the law.

Divorce Laws in Florida | Most Important Things to Know - SmartAsset

In general, there are three different types of service:. In the process of filing for a divorce, Florida law requires you to file the following affidavits:. Florida divorce laws require both parties to complete a financial affidavit within 45 days of your petition being served — even if you and your spouse have no property.

The financial affidavit will clearly disclose all assets and liabilities.

Ten Things Florida Residents Should Know About Divorce

To assist in the completion of this document, make sure to have:. You should also take an inventory of your family possessions and major household expenditures. A detailed household budget will help determine how much temporary support can be paid — if any. It will also provide a basis for the court to determine whether you or your spouse can realistically afford your marital home on your own. Mandatory disclosure requires each party in a dissolution of marriage to turn over certain documentation with the financial affidavit.

How Long Does a Divorce Take in Florida: Contested vs Uncontested Divorce

You and your spouse must provide these documents to each other within 45 days of serving the petition for dissolution of marriage. Marital assets include any debts or assets amassed during the marriage.

All assets and liabilities will be divided fairly or equitably upon divorce equitable distribution. In most instances, whether you or the other spouse wants to keep the marital home to live in with children from the marriage can a factor for an unequal distribution. If you file for a simplified dissolution of marriage, you will be required to have a marital settlement, which may include bank accounts, stocks, bonds, retirement accounts, cash, real estate, cars, and anything else of value.

As previously mentioned, the goal is for the property to be divided in an equitable way.