The process of divorce is never easy. It involves a lot of emotional distress, along with an overwhelming amount of paperwork. In Florida, like many other states, this paperwork is crucial to the divorce process. The following article aims to demystify what ‘divorce papers Florida‘ entails and offer you guidance on seeking the best family law central coast for your divorce proceedings.
What Are Divorce Papers?
Divorce papers, officially known as the divorce petition, or dissolution of marriage petition in Florida, are the legal documents one spouse (the petitioner) files to the court to initiate the divorce process. They include necessary personal details such as the names of the spouses, their children, property, and debt details, along with a statement of what the petitioner is seeking from the divorce.
Types of Divorce Papers in Florida
Generally, there are three basic types of Florida divorce papers:
- Petition for Dissolution of Marriage: This is the initial document filed by the petitioner to initiate the divorce.
- Financial Affidavit: This document provides full details about your current financial circumstances. It includes your income, expenses, assets, and debts.
- Marital Settlement Agreement: This document sets out the agreement between spouses regarding division of property, alimony, child custody, and support. This needs to be agreed upon and signed by both parties.
The type of forms you’ll need will depend on your situation like whether you have children and assets or not.
Filing Divorce Papers
To file divorce papers in Florida, you need to fill them out correctly and submit them to the Clerk of the Circuit Court in the county where either spouse lives. Filing fees vary by county but expect to pay around $400 to $410. If you can’t afford the filing fee, ask for a fee waiver. Once the divorce papers are submitted and the filing fee has been paid, the courts will issue the respondent (the other spouse) with a summons.
Serving Divorce Papers
Florida law requires the respondent to be ‘served,’ or given a copy of the divorce papers. Serving divorce papers can be done via private process server, sheriff’s officer, or certified mail. If the respondent cannot be found, a ‘Constructive Service’ can be performed instead.
Response to Divorce Papers
Once served, the respondent will have 20 days to respond. Included in the response is an Admission or Denial of all the allegations in the petition. If a respondent fails to respond, the petitioner can file a Motion for Default, leading to a default divorce.
Divorce is a complex legal process that involves a great deal of paperwork and legal understanding. To ensure that your interests are protected, that the paperwork is completed and filed correctly, and that the process goes as smoothly as possible, it can be beneficial to hire a family lawyer. Facing a divorce alone can be daunting and overwhelming. Therefore, finding the best family law central coast is worth considering to guide you through the process as seamlessly as possible.
Although divorce is a hard step, understanding your paperwork, the legal steps ahead, and having strong legal counsel pave the way for a better, faster resolution. Start your search for the best family law central coast today. Don’t walk this hard path alone. Legal advocates are prepared to stand with you and navigate the twists and turns of divorce law together.