How to Get an Immediate Divorce in Florida
- 1). Submit a Petition for Simplified Dissolution of Marriage. To begin the simplified divorce procedure known as "dissolution of marriage" in Florida, you must submit a typed petition to your local circuit court. The purpose of this petition is to explain that the marriage is "irrevocably broken" and cannot be reconciled for any reason. The petition can be filed by either husband or wife, though both parties must agree to the dissolution for it to become legal. You must present an identification with a photograph when you sign the petition.
- 2). Discuss the division of your assets and liabilities. Decide on which party receives which assets, or items, you own. Also discuss who will be responsible for what debts, or liabilities, you have incurred either before or during your marriage for which you both currently share responsibility. If you cannot come to an agreement on division of these items, you can fill out the appropriate section on the petition of dissolution of marriage that allows a judge to decide for you how to divide your property. There is also an appropriate section that allows you to check if you have both peaceably come to an agreement of division of assets and liabilities on the same form.
- 3). File a Family Law Financial Affidavit. This document states how much each individual makes each month and can be used to determine how much, if any, alimony and/or child support is to be paid. Both parties are required to complete this affidavit separately.
- 4). Complete the Notice of Social Security Number form (Florida Supreme Court Approved Family Law Form 12.902(j).).
This form certifies that you have a Social Security number and is required by law to legally dissolve the marriage. The notice also provides the opportunity to list any children that may be involved as well as their Social Security numbers, especially if there is to be a custody case after the dissolution of marriage. - 5). Submit proof that you or your spouse has been a resident of Florida for at least six months prior to the dissolution.
This proof may be submitted with the proof of Social Security. This proof can be one of three items: first, a Florida driver's license valid for six months or longer; second, a testimony in court by an individual who knows that you or your spouse has resided in Florida for longer than a six-month period; or third, an affidavit signed by an individual stating you have lived in Florida for the required period of time. The affidavit must be signed in front of either the clerk of the court or a notary public, and his seal must be affixed to the document. - 6). Pay court fees. All filing fees must be paid in full before applying for the finalization of divorce. If you and your spouse cannot pay these fees, you may complete the Application for Determination of Civil Indigent Status and submit it with your Application for Simple Dissolution of Marriage. You may be entitled to a waived fee if the clerk of courts determines you are eligible based on your information.
- 7). Complete and sign the Marital Settlement Agreement (Florida Family Law Rules of Procedure Form 12.902(f)(3).) Both parties are required to sign this petition, stating that all aforementioned issues have been resolved and there is an agreement to the divorce, that is, the divorce is uncontested. This is the last document necessary in the series of divorce documents before you can officially file for a divorce.
- 1). Submit all completed paperwork necessary to finalize the divorce. Using the civil cover sheet found in Form 1.997 of the Florida Rules of Civil Procedure, affix the sheet to the top of the stack of papers necessary for a divorce. This sheet allows whoever views this stack of paper to know exactly what this particular civil case will entail: your petition for divorce. You can obtain this sheet from the clerk of the courts.
- 2). Set a court date for the final divorce hearing.
When you file your paperwork with the clerk of the court, you have the ability to set a date in court as well as what time the judge will hear your case so that you can get your divorce legally finalized. Set it as soon as possible, as legal systems sometimes have a waiting period based on the number of cases they must get through to reach your case. - 3). Submit a completed Final Judgment of Simplified Dissolution of Marriage, Florida Family Law Rules of Procedure Form 12.990(a).
On your assigned court date, both parties must be present to finalize the divorce. Bring the final judgment form with you, as this will be the document that the judge will sign to finalize your divorce, provided all the paperwork necessary properly completed and submitted.