No- fault divorce:
In Florida, the court provides divorce based on no-fault divorce process. No-fault divorce process is where the couples are not blamed for their fault; rather have to show the court that their marriage life is no longer a happier one. However faults are taken into account while dealing with child custody, property division, and alimony.
Ways to file divorce paper:
There are two ways through which couples can file divorce paper in Florida.
- Simplified marriage dissolution or Uncontested divorce:
If a couple mutually understands each other need and decently divides all their assets between them without any issues and move forward to attain divorce, it is Uncontested divorce application. Devoid of alimony by either the partner, no pregnancy, no adopted or blood born siblings under age of 18, resident of Florida for more than six months are the other important criteria for filing divorce paper in Florida.
- Regular dissolution of marriage or Contested divorce:
Lacking mutual agreement on division of debt, assets and child support, the couples seeks the help of attorney to solve this. Based on agreement of couple, the attorney prepares a divorce settlement based upon the couple wish and duly signed by both of them and litigation is reached.
Procedure to file divorce paper:
- File petition:
Based upon the eligibility criteria, the couple has to file petition in the court. Petition filing is core process in Simplified marriage dissolution and Regular dissolution of marriage. As simplified marriage dissolution is simple process its petition is very small. On other hand in case of Regular dissolution of marriage we have three types of petition – petition for dissolution of marriage with dependent or minor, petition for dissolution of marriage with property but no dependent or minor, petition for dissolution of marriage no dependent, no property or minor.
- Summon preparation for Clerk’s signature:
Once the petition is filed, the summons is prepared. It is then signed by the clerk and the copy is sent to the defendant through the law procedure.
- Affidavit and form:
The following affidavit and form are used to file divorce paper in Florida Court:
- Affidavit of Social security: Has information about the financial and employment records.
- Nonmilitary of Military Affidavit: Gives information whether the respondent works in state’s armed force or not.
- UCCJEA affidavit: Uniform child custody Jurisdiction and enforcement act affidavit used to describe about the child welfare.
- Family law financial affidavit short form: Used in case of gross income less than 50,000 dollars.
- Family law financial affidavit long form: Used in case of gross income more than 50,000 dollars.
- Form Filing:
After filling all the required forms, the forms along with marriage dissolution petition which is notarized, it is submitted to the court.
The filed copy of the petition has to be sent to the defendant, for which he or she has to reply within 45 days of time span.
- Trial and final judgment:
The couple is asked to come to court and present themselves in front of judge. The judge upon hearing both side talks signs the final order of divorce which clearly has all the terms of divorce in terms of child support, legal support, property division and that is final and divorce is granted.