How Does Divorce Affect a Will?
You will also be required to pay a filing fee to the state. Once the fee is paid, the clerk will provide you with a copy of your divorce forms with a stamp showing the date that the documents were filed. You will need to make a copy of these forms for your own records, as well as a copy to serve to your spouse. For your filing to be complete, you will need to serve a copy of your divorce papers to your spouse. You can do this in several ways, including:. He or she can find the form at the courthouse, fill it out, have it notarized and delivered to the clerk.
If your spouse is not cooperative, you can pay either a sheriff or a private service to serve the divorce papers. Sheriffs are sometimes less expensive, but they may take some time to deliver the papers. A private company is usually faster. As a last resort, when you cannot locate your spouse, you can publish a notice of the divorce in your local newspaper. This is a more expensive option, but sometimes you do not have much of a choice.
Florida also requires you to give a completed financial affidavit to your spouse, where you list all of your income, assets, debts, etc. You must do this within 45 days of serving your spouse with divorce. With your spouse served and all forms submitted, you only have to wait for the final decision of the court. In Florida, an uncontested divorce can take a minimum of four weeks to process.
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Divorce in Florida The decision to end your marriage may not have been an easy, but fortunately the actual process of divorce in Florida is fairly simple. Florida Divorce Papers and Forms The website for the Florida Courts contains the divorce papers and most information you need to go through with your divorce. How to File Divorce Papers in Florida Florida requires that you present a notarized copy of your divorce papers to the county clerk in the county where you reside.
How to Serve Divorce Papers in Florida For your filing to be complete, you will need to serve a copy of your divorce papers to your spouse. Have a sheriff serve your spouse. Have a private process server serve your spouse. How to complete a "do it yourself" divorce in Florida? Is Online Divorce Allowed in Florida? Do you qualify for an online divorce? Is your spouse in agreement regarding this divorce and willing to sign the divorce papers with you? Do you and your spouse have any children under the age of 18 from this marriage?
Telephone number:. When to call you back? This involves disclosing information about your finances, including:.
Mediation may be ordered after you file for divorce. During this process, a third party will attempt to help you and your spouse come to a divorce agreement without involving the court.
Each side will present evidence and call witnesses, and a judge will make the final decision on all contested issues. Some divorces may be eligible for a simplified dissolution of marriage.
Massachusetts Divorce Basics
This option does not require a financial disclosure and attorneys may not be necessary. To qualify for a simplified dissolution of marriage, you must meet the following criteria:. During a divorce proceeding in Florida, the court only divides marital assets and debts. For the purposes of a Florida divorce, the court considers any assets or debts acquired during the marriage by either party as marital assets.
The court does not divide separate assets, defined as property and money owned by only one of the spouses. Non-marital assets include anything that either spouse obtained before the marriage or anything that either spouse received as a gift or inheritance during the marriage.
No Hearing Option | Online Florida Divorce
This does not include gifts between spouses. Adding your spouse to the title of an item such as a car makes it marital property. First, the court assesses the value of non-monetary property. The court will work with the couple to determine the value of their property. Experts like appraisers or certified public accountants CPA may be consulted to determine property value. In Florida, property must have an equitable distribution. The court may consider the following factors when making its decisions regarding property distribution:. In Florida, the court can order the non-custodial parent to pay child support to the ex-spouse.
The court may consider the following factors when calculating child support:. The court may also take into account the behavior of the spouses during the marriage, including incidents of adultery. Additionally, the court may also order one spouse to pay alimony, also called spousal support. Factors taken into account when calculating alimony include:.
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While alimony payments you receive count as income, child support payments you receive do not. In Florida, the court considers any money that either spouse puts into a retirement plan, like a k or an IRA , as marital property. Thus, the court splits up retirement plans the same way it divides other marital assets.
One important thing to note is that the court only considers retirement or pension funds accrued during the marriage as marital property. Any money that either spouse deposited or earned before the marriage or after the divorce is separate property.