How long divorce in florida
Therefore, the spouse who intends to file for divorce must live in Florida for a minimum of six months. Understandably, it can be difficult for the court to finalize a divorce when the property of the spouses getting a divorce is located out of state.
This is why you must be a resident of Florida for the required six months before filing for divorce. Waiting period. Some couples who decide to divorce have a "change of heart," so to speak. Every marriage has its ups and downs, and spouses argue and become frustrated. This is simply part of life and human nature. However, the courts in Florida know that reconciliation is a possibility in many cases, so a waiting period is required to give spouses substantial time to determine a divorce is what they really want.
In Florida, a 20 days waiting period is required following the filing of the divorce. This is not that lengthy a time period, especially considering the divorce process can take much longer than 20 days when children, property, or other issues are involved. Be sure to take a Final Decree with you for the judge to sign.
The judge will ensure the necessary paperwork has been completed within the guidelines of the law and may ask some basic questions about the information on the forms.
However, the judge will not provide legal advice or provide a thorough auditing of the paperwork. Once the judge signs the Final Decree, take it to the circuit clerk to file it. You should also ask for a certified copy for each party to keep for your records.
Simplified Dissolution of Marriage Florida divorce law provides a process called a 'Simplified Dissolution of Marriage. Qualifications for Divorce The first step is to make sure your marriage qualifies for divorce in Florida. Forms You Need Once the two sides have agreed to the divorce, paperwork must be filled out. Court Procedure Though you won't be having a trial, you will still need to appear in court before a judge. Even before you file for divorce, you can get a restraining order from the court, without notifying your spouse.
Consult the clerk of court or a lawyer. If the court issues a restraining order on this basis "ex parte" , there will be a court hearing within a number of days where your spouse can argue against the order. Once the divorce process begins, the court can order your spouse to leave the house especially if you have children and stay away from you.
Domestic violence cases have priority in the court system and are heard quickly. Learn more about Domestic Violence. What if I need temporary alimony or child support before the final hearing in my case? You can go to court after you have filed your petition and ask for an order of temporary child support, alimony, visitation rights, or custody.
Yes; in the petition for divorce, request that your former name be restored. You can learn more about how it works here. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.
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Child Custody Child Support. Alimony Divorce and Property. Market Your Law Firm. Lawyer Directory. Call us at 1 Florida Divorce FAQs. Here are the answers to some common questions about divorce in Florida. Do I need to prove my spouse is at fault?
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