Guidelines for a Divorce in Florida
- Several form must be filed to complete an uncontested divorce, wherein both parties agree to all terms. This is the quickest way to obtain a divorce in the state of Florida. Both parties must sign a document called 12 Rules of Courtroom Civility, plus a marital settlement agreement, and a form DH513. If children are involved, the parties must complete and sign one of two forms, depending on the type of time sharing they have agreed upon. If time sharing is non-supervised, the parties must complete and sign a parenting plan. If the parties determine that one of them needs supervised visitation --- usually because of a drug, alcohol or other disability, or because of domestic violence issues --- the parties must complete and sign a Supervised/Safety-Focused Parenting Plan.
The petitioner, the person filing for divorce, must file a nonlawyer disclosure if applicable, which tells the court that a person who was not a lawyer, whether the petitioner or a paralegal, completed or helped complete the forms. The petitioner is also the person who completes and signs the petition for dissolution of marriage. If children are involved, the petitioner must also complete and sign a uniform child custody jurisdiction and enforcement act affidavit, and a child support guidelines worksheet.
The respondent, the person being sued for divorce, must file an answer to the petition. Both parties must also complete their own family law financial affidavits and notices of social security number. All forms are combined into one packet and filed with the Clerk of Court. The clerk's office will contact the parties to set up a final hearing. - The requirements for a contested divorce, as far as forms, are the same as for an uncontested divorce, except there is no marital settlement agreement. The petition is more detailed, since both parties are not in agreement. According to Fred Lowe, a local Tampa attorney, ensure that you don't leave anything out of the petition; once it's filed, you cannot change it to ask for something you forgot about, unless you obtain permission from the court to file an amended petition.
The respondent in a contested divorce is served with the petition after the petitioner files it. A process server or sheriff serves the lawsuit, then the respondent has 20 days to respond to the lawsuit. Should the respondent not file a response with the court, the petitioner can request a default, in which case, if the respondent does not appear at the default final hearing, the court grants all of the petitioner's allegations outlined in the petition. - Florida, according to Lowe, requires that you have lived in the state for six months prior to filing for divorce. When you obtain a new driver's license, the date you obtain the license is printed on it, so it may appear that you have not lived in the state for as long as you have. In this case, you must file an Affidavit of Corroborating Witness. The person signing for you must have a valid Florida driver's license showing that he has lived in the state for more than six months. He must swear that he has known you and that you have lived in the State of Florida for more than six months.
- Mandatory disclosure is used to determine alimony obligations and division of assets and liabilities. Disclosure of assets and liabilities is required in all divorce cases, but it can be waived in uncontested cases, if both parties agree. A waiver of mandatory disclosure must be completed and signed by the parties, or the court will require them to provide disclosure of assets and liabilities. Florida Family Law Financial Affidavits are part of disclosure, but cannot be waived under any circumstance. Both parties must file a financial affidavit.
