Florida No Fault Divorce

Divorce Papers > No Fault Divorce > Florida No Fault Divorce

The easiest procedure for marriage as well as the easiest procedure for divorce in the United States has been presented by Florida. The divorce procedure in this state can be absolutely painless and cheap, if the following conditions are met with.

  • Both the divorcing partners accede with each other to have a divorce
  • Both the divorcing partners agree with each other regarding the division of their debts and property
  • There are no dependent or minor children

Eligibility of Florida No Fault Divorce

  • The divorcing partner who files for divorce must be a resident of this state for minimum 6 months before the date on which the divorce papers are filed
  • The venue for filing the divorce papers is the county in which the divorcing couple has stayed during their marital life or the county wherein the defendant lives
  • The divorcing partners should agree that they are irreconcilable and must not blame one another for the breakup

Procedure of Florida No Fault Divorce

In the below mentioned procedure, the following conditions are not covered.

  • The divorcing couple does not agree how to divide the debts and belongings
  • One of the divorcing partners is requesting for spousal support
  • There are dependent children

The first step is to procure the necessary forms. There are two sources from which these forms can be obtained.

  • From any circuit court office
  • Download from the Internet

Overall, 7 copies of 5 disparate forms are needed. These are as mentioned below.

  • Form 12.901(a): Petition for Simplified Dissolution of Marriage, Instructions, Florida Family Law Rules of Procedures Form
  • Form 12.902(b) or (c): Financial Affidavit, Florida Family Law Rules of Procedure Form; 2 copies are necessary, one for each spouse
  • Form 12.902(j): Social Security Notices, Florida Supreme Court Approved Family Law Form; 2 copies are essential, one for each partner
  • Form 12.902(f)(3): Marital Settlement Agreement, Florida Family Law Rules of Procedure Form; both the divorcing partners have to put down their signatures on this form
  • Form 12.990(a): Final Judgment of Simplified Dissolution of Marriage, Florida Family Law Rules of Procedure Form

The second step is to complete all the forms. The demanded documentation must be appended to the forms. In order to prove Florida state identification, it is sufficient to show a driver's license. In the absence of this license, there is a requirement of a notarized affidavit that states that the person has resided in this state for 6 months.

The third step is to submit the paperwork along with the apt filing fee at the correct Circuit courthouse. As of 2008, the filing fee in various counties ranged from 250 to 410 USD. Sometimes it happens that the divorcing partner, filing the papers, cannot afford the filing fee. In such a scenario, this partner may demand special consideration for indigents. Such a demand decelerates the divorce procedure.

While paying the fee, the divorcing partner must fill in the Florida Rules of Civil Procedure Form 1.997 and Civil Court Cover Sheet. At the same time, the divorcing partner can suggest any alteration of name. Further, the new name is mentioned on the divorce decree.

The fourth step is to obtain a divorce court date. This might be given on the spot by the clerk or may be mailed by the clerk at a latter stage.

The final step is to remain present in the court. If the divorce is an uncontested one, both the divorcing partners can remain present in the court. The Judge enquires if both the partners accede to terminate the marital status and the distribution of debts and property. If both the partners agree, they can put down their signatures on the Divorce Decree. After some weeks, the copies of the decree are mailed to the partners.

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