Florida Divorce Forms & Papers

Divorce Papers > Florida Divorce Forms & Papers

Dissolution of marriage is what the Florida court terms a divorce. To file a dissolution of marriage in Florida, one should meet the residential requirements of the state. Florida divorce forms and papers can be filed at the county where either of the spouses is residing. The laws to dissolve a marriage has been simplified in the state of Florida. As per the simplified process of marriage dissolution, the couple should not have any dependent children, either adopted or biological, below 18 years. Apart from this, the couples should meet the residential requirements of the state and should agree to the simplified method for getting separated along with the division of assets. The wife should not be pregnant during the process of ending the marriage.

Residential Requirements:

One of the spouses must have been a resident for 6 months prior to filing for dissolution of marriage. The dissolution of marriage should be filed in either: 1) the county where the defendant resides; or 2) the county where the spouses last lived together prior to separating. [Florida Statutes Annotated: Chapter 61.021]. For more information on filing for divorce see our page.

Grounds for Dissolution of Marriage:

There is only one no-fault ground for dissolution of marriage in Florida: Irretrievable breakdown of the marriage. [Florida Statutes Annotated; Chapter 61.052].

Whereas, the grounds for a fault based separation is mental unstability for at least 3 years.

Do It Yourself Dissolution:

The procedure to file a divorce although simplified, one can still do a separation all by oneself. Dissolution of marriage can be done on an agreed basis or a default basis.

An agreed separation is when both the parties agree upon the terms and conditions of the divorce. It can be compared to a simplified divorce where the terms such as property distribution, child custody and child support are agreed upon. An agreed separation is signed by both the parties and it is the most common method of doing a marriage dissolution.

On the other hand a default dissolution is not acknowledged by one of the spouses. The marriage dissolution is filed by one of the spouses, however, the other spouse does not signs on it or present his/her answer to the decree. The other spouses consent is taken as default in such cases. Generally the spouse who files for the dissolution of marriage, gets whatever he/she is liable to get by law and this cannot be contested by the inactive spouse at a later stage.

Procedure to File a separation:

Filing for a separation in Florida, can be explained into three basic steps and this includes:

Filing the marriage dissolution papers: The papers should be filed keeping in mind the residential requirements of the state. It should be filed at a county near you.
Notifying spouse: Spouses are notified by court and the spouse has to respond to it in the set time frame of 20 days after the receipt of the documents.
Attending the court hearings: The court hearings is to be attended by both the spouses, failing the which, the court might still proceed with the formalities in the presence of one spouse.

USE THESE WORDS IN THE COURT DOCUMENTS FOR FLORIDA

Use these exact words, all in capital letters: IN THE CIRCUIT COURT IN AND FOR THE COUNTY OF, FLORIDA
Use these exact words, all in capital letters: PETITION OF DISSOLUTION OF MARRIAGE
Use the word "Petitioner". Be sure the "P" is capitalized.
Use the word "Respondent". Be sure the "R" is capitalized.
Use these exact words, all in capital letters: FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE
Use the word "County" here.

For detailed separation laws in Florida state, please see Florida Divorce Laws page.

In an uncontested dissolution of marriage the spouses agree upon the conditions listed in the separation papers. If they don't, then the dissolution can be turned into an contested one. A contested marriage dissolution is usually an outcome of disagreements with the terms of the decree. It might further lead to trial as well if the disagreements cannot be settled after repeated efforts. In such cases spouses have to incur a fees towards the attorney in addition to the nominal fees incurred to call off the marriage.

Free Florida Divorce Forms for Download

Following divorce forms are free for download. Most of the forms are provided with instructions on how to fill the form. To download any of these divorce papers and forms just right click on the link and select "Save As...".