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I want to get a divorce. Can I handle it myself? If so, how?
Florida is a no-fault divorce state, meaning that the only ground necessary for dissolution of marriage is that the marriage be irretrierably broken.
In Florida, if there are no minor/dependent children, you may file a Petition for Simple Dissolution of Marriage. If you have minor/dependent children and/or property as a result of the marriage, and you and your spouse are in complete agreement as to all dissolution-related matters, you may file a Petition for Uncontested Dissolution of Marriage. Divorce kits for both Simple and Uncontested dissolutions may be obtained for a nominal fee from your local circuit court family clerk. If there are any contested issues, including but not limited to visitation, child support, spousal support, custody, and/or equitable distribution of your marital assets and liabilities, you must file a contested Petition for Dissolution of Marriage. Regardless of which type of dissolution you file, it is recommended you consult an attorney prior to filing. You should contact a court clerk to find out what the fees for filing a dissolution of marriage case are prior to filing. You are required to file the completed paperwork and fee at the same time, and if minor children are involved, you may be required to attend and complete a parenting class prior to the divorce finalization. Once a petition for dissolution of marriage has been filed, and all issues deemed resolved by the court, a final judgment will be entered. While some parties attach a marital settlement agreement reached either through formal mediation or simple mutual agreement to their petition, which is then incorporated into the final judgment, other parties must go to a trial on contested issues, and in those cases, the court will determine the outcome.
I have been served with divorce papers. What should I do?
You have twenty (20) days after you are served to file a response to the papers. If you need additional time in which to retain an attorney or to respond to the papers, you can request an extension of time from the court by filing a request with the court and sending a copy to the other party or his/her attorney. You should also keep a copy of anything you file in court for yourself. However, it is recommended you consult an attorney on these matters.
My spouse and I don’t want to get a divorce; we just want a legal separation. How can we do this?
Technically, there is no such thing as a legal separation in Florida. You and your spouse can enter into a post-nuptial or marital settlement agreement in order to divide your property and debts, as well as address issues involving your children. Such an agreement may later be submitted to the court in the event you do file for dissolution of marriage. In the absence of a final judgment of dissolution or marriage, however, an agreement is enforceable in the same manner as any other contract. To be valid, a post-nuptial or marital settlement agreement can be entered into only after full and honest financial disclosure between you and your spouse.
I have been served by the Department of Revenue with a child support action. What should I do?
If you have been served with a petition of any kind, you have 20 days to respond in the same manner as set forth in the answer to Q2 above. Child support is calculated according to the Florida child support guidelines, section 61.30, Florida Statutes. You should consider consulting an attorney in order to find out the amount of child support you may be expected to pay, but the attorney will need complete information regarding the parties' incomes and deductions from income. The health insurance and day care expenses for the child(ren), and the number of over-nights the child(ren) spend with each parent. A child support guidelines worksheet can be also found in the Family Law forms at www.flcourts.org
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My child’s other parent is not paying child support. What can I do?
If you do not already have a court order for child support, you must petition the court to establish the child support obligation. If an order already exists, you may file a motion
for contempt with the court. If you cannot afford an attorney, you should make an appointment with the local office for the Child Support Enforcement Division of the Florida Department of Revenue.
I want to change my/my child’s/my family’s name. Can I do this? How?
In order to change one’s name, a petition for change of name must be filed with the court. Any prior court orders granting a name change for the petitioning individual(s) must be attached. There is a filing fee for name changes. Once the name change is finalized, it is recommended you ask the court for copies of the certified final judgment and submit them to the Social Security Administration, Department of Motor Vehicles, and Bureau of Vital Statistics, as well as your banks, insurance carriers, and any other institution where your name is officially registered. Additionally, you should re-record any deed
to real property held in your former name,
as well as change any official documents that bear your former name to reflect your new one.
My spouse and I were married in another state. Can we divorce in Florida?
Yes, so long as Florida’s residency requirements are met.
I am paying too much child support. Can I
get the amount reduced?
Child support is calculated according to the Florida child support guidelines, section 61.30, Florida Statutes. If the amount is court-ordered, any request to modify that amount must be through a petition to the court requesting modification of the child support amount. Generally, the legal standard for modification is proof of a substantial change in circumstances from the date of the last child support determination, and the modification will either be granted or denied by the court.
I want to obtain custody of my children.
How can I do this?
It depends on the circumstances. The procedures, for example, may be very different in a case involving just the other parent, compared to a case where the Department of Children and Families has become involved because of allegations of abandonment, abuse or neglect. Because the children’s interests are so strongly affected by a determination of custody, the court is as demanding as possible in custody cases. For this reason, you are advised to retain an attorney in these matters.
