October 27, 2020
Divorces in Florida can be simplified into three easy steps to ensure that you can move on without hassle. However, you need to make sure you know about these steps and connect with the right lawyer. This is because Florida’s divorce filing process is different from other states, and you need the best legal expert to guide you through it.
This article will provide you with all the information you need to understand the divorce process in Florida. We will also connect you with the best lawyer for convenient and reliable legal services. Take this article as an opportunity to proceed with all the legalities of your divorce to do what’s right for your family and future.
Preparing and serving divorce forms
The first step in filing for divorce in Florida is to fill out a Petition for Dissolution of Marriage. Through this process, you will be known as the petitioner, and your spouse will be known as the respondent. You will also need to fill out a Summons and submit the forms to the court. Note that the forms may be different depending on whether you have children or not.
In the state of Floria, you need to have been living in the state for at least six months to ensure that the divorce filing is legally binding. According to the Dorsey Law Firm, you can present your Florida driver’s license if its date of issue is at least six months before the date you file Petition for Dissolution of Marriage. You can also consult Mr. Dorsey if you have any other questions and would like to process your divorce forms.
You can present a copy of your filed petition, which you can either hand to the respondent’s lawyer or through a local sheriff. Remember that you need to have the legal response sent through “Answer and Waiver of Service.” You also need to have all your forms notarized and filled with your court.
Be mindful that there is no such thing as a no-fault divorce
One notable difference about filing for divorce in Florida is the court doesn’t recognize fault-based divorces, meaning you don’t have to prove that your spouse or the respondent was involved in any divorce-related misconduct. You just need to state in your Petition for Dissolution of Marriage that the marriage is irretrievably broken.
However, all the issues you want to address in your divorce should still be listed in your legal petition, which your lawyer can help you with. For instance, you can indicate a property dispute in your petition, and the judge can consider the respondent’s misconduct to resolve it.
Be sure that you detail the following issues in your petition: child custody and support, diving assets and debts, alimony requests. You can also consult with the Dorsey Law Firm about these marital faults.
Complete a financial affidavit
You need to fill up a financial affidavit to disclose all the possessions you have to avoid the court’s sanctions. You and the respondent need to complete the signed affidavit within forty-five days of the date of service of your divorce petition, and you may also need other supporting financial documents, such as bank statements and tax returns. You can ask your lawyer for advice to ensure that your divorce filing runs smoothly.
Conclusion
Divorce filing in Florida can be tricky, given the particular terms and conditions, but all you need to do is adhere to the previously mentioned steps. You also need to connect with the best divorce lawyer to assist you. Start your divorce filling today and find the right legal practitioner for the job.
Are you looking for a divorce lawyer in Jacksonville? Contact us today at Dorsey Law Firm. Mr. Dorsey has thirty-five years of experience and can provide you with the best legal advice and services. Have your divorce forms processed with us.
September 29, 2020
Looking to start the divorce process? You came to the right place. We’re here to help!
When going through a divorce, it’s in your best interest to work with a professional Jacksonville divorce attorney who can give you legal advice and who knows exactly how the divorce process in Florida works.
Florida is a no-fault divorce state; so that means there are no grounds for divorce such as adultery, abandonment, or other traditional grounds for divorce. All that is necessary is to prove that the marriage is irretrievably broken. Under some circumstances, the court will stay the divorce pending marriage counseling.
To start a divorce in Jacksonville, Florida, one of the parties to a divorce must show proof of Florida residency for at least six months prior to filing the petition for dissolution of marriage. Normally, residency can be proven by using a Florida driver’s license showing the date of issue at least six months before the date the petition for dissolution of marriage was filed.
To begin a divorce proceeding, you must file the court forms pertaining to your situation. You can file for a petition for a dissolution of marriage to say your marriage is “irretrievably broken,” which means you cannot work out your problems or live together anymore.
Here are some basic steps of filing for divorce in Jacksonville:
- Follow the rules when filing for divorce. The Duval County Clerk of Court requests you include your name, address, email, and telephone number on all filed documents. Make sure certain forms are complete and correct. Sign the forms and get them notarized, when applicable.
- Determine if you’re filing for a simple or regular divorce in Duval County.
- In a simple divorce, both parties agree on all issues and give up certain legal rights under the regular divorce process. For a simple divorce, you cannot have children 18 and over, you cannot be pregnant, one party has lived in Florida for the past six months, both parties agree to the division or property and debts, both parties sign the joint petition, both parties pay the filing fee.
- In a regular divorce, the parties must proceed with a Petition for Dissolution of Marriage.
- File the appropriate forms with the court. Choose the correct petition form depending on your situation. The petition form options include:
- Petition for Simplified Dissolution of Marriage (Form 12.901(a))
- Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (Form 12.901(b)(1))
- Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (Form 12.901(b)(2))
- Petition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (Form 12.901(b)(3))
- When the couple has children under 18, one of the additional forms they must file is a Parenting Plan. Different parenting plans include:
- Parenting Plans involving time-sharing (Form 12.995(a))
- Supervised/Safety-Focused Parenting Plan (Form 12.995(b))
- Relocation/Long Distance Parenting Plan (Form 12.995(c))
- Pay the filing fees.
- Serve your spouse and comply with requirements like mediation or a parent education course, if required and applicable.
- Appear before the judge. The judge will sign the petition for divorce if the parties have reached a resolution. If a resolution isn’t met, they will have a trial before a judge who decides on all issues including allocation of assets and debts, custody, parenting time, etc.
Looking for a Divorce Lawyer in Jacksonville?
If you want to claim alimony, have children, or property, you should seek the help of a Jacksonville divorce attorney. With all these variables, a divorce can become complicated and it’s best you work with someone who knows the law.
These steps listed above are informational and this content legal advice. To get legal advice, reach out to an experienced family law attorney.
William J. Dorsey is a divorce attorney and understands each divorce case is unique. Give us a call and we can help you through the entire divorce process. He will happily go over in detail the divorce process and steps with you.
As a Jacksonville divorce attorney, with more than 35 years of experience in the state of Florida, Dorsey knows Florida divorce law and how to apply it to get his clients the best possible outcome. He guides his clients through the entire process.
If you are considering divorce, our team would be happy to help you learn more about the divorce process in Florida. By hiring a divorce attorney, you’re laying the groundwork for a better result, especially if your divorce is complicated.
William J. Dorsey founded the Dorsey Law Firm in 1975 and has practiced family law and tried numerous trials throughout Florida in state and federal courts. To request your in-person consultation at The Dorsey Law Firm’s Jacksonville Law Office or if you have any questions, call 904-346-3883 or click our Jacksonville Divorce Attorney page for more information.
September 29, 2020
Divorce is one of the most life-alternating changes a person can go through. From your daily routine to finances, a recently divorced person will have to learn a new normal.
Divorce can be stressful, and emotional. Many divorced couples go through a grieving process, and healing from it can be painful and take time. Divorce can feel like sadness, disappointment, anger, pain, and failure.
During and after a divorce, it’s important to address the emotional and mental impacts one is going through. In order to work through and recover from a divorce, one must deal with their emotions and thoughts head on to fully move on and be happy again.
A life change (that you didn’t ask for or expected) can hurt your heart and head, and it should be dealt with like you’d treat any other physical pain. You must work on your emotions every day to get results.
Here are some tips that can help you recover from a divorce:
- Admit that you are hurting. Once you admit this to yourself, you can start the process of healing as you are not in denial anymore. You will now be able to open up and express your feelings in this post-divorce journey. It’s OK to not be OK.
- Feel all your feelings. You must go through and experience all your feelings to cope in healthy ways.
- Take care of yourself. You are important and deserve to be cared for. If you develop a simple routine, you will start to feel better and be more motivated in life.
- Do things you love. Now that you are on your own, do the things you’ve always wanted to do that you never had time for or that your ex-spouse never wanted to do. You will find joy/peace in experiencing things and activities that interest you.
- Create a good support system. Whether it’s family members, friends, or a therapist, surround yourself with people who will truly support you during this time. Keep around quality people who make you feel good and offer quality help and advice.
- Get professional help. There is no shame in talking to a life coach or therapist to help you grieve, move on, and grow. We all need help sometimes and a therapist is a great tool to help you look at your life and work on goals.
- Focus on personal growth. Like stated before, now is a great time to do the things you love. It’s also a great time to learn a new hobby or skills and find ways to improve yourself. By focusing on personal growth, you will learn about yourself and what type of partner you should look for in the future.
- Give yourself time to grieve. Spend enough time grieving so you can get to a healthy spot where you can be your best self. Grieving is a helpful process as it helps you work through a lot of things. Try not to rush into a new relationship or fall back into bad habits right away as this won’t heal the problem but just mask it.
- Be thankful. During and post a divorce, you may find it hard to be grateful for things in life; however, you have so much to be thankful for like accomplishments, children, etc. Try to focus on the positives and good things in your life and the opportunities that are ahead.
Need a Divorce Lawyer in Jacksonville, FL?
Working your way through a divorce and moving on is a process. Be kind, compassionate and gentle to yourself. Divorce may be the end of a relationship, but it is the beginning of a new chapter in your life. It’s time for you to choose to move forward and stop living in the past.
Don’t be afraid to ask for help after your divorce, whether from a friend, family member, therapist, fellow divorced people, or a divorce attorney.
If you are going through a divorce and need legal help, talk to an experienced family law attorney.
William J. Dorsey is a divorce attorney and understands each divorce case is unique. Give us a call and we can help you through the entire divorce process.
As a Jacksonville divorce attorney, with more than 35 years of experience in the state of Florida, Dorsey knows Florida divorce law and how to apply it to get his clients the best possible outcome. He guides his clients through the entire process.
If you are considering divorce, our team would be happy to help you learn more about the divorce process in Florida. By hiring a divorce attorney, you’re laying the groundwork for a better result, especially if your divorce is complicated.
William J. Dorsey founded the Dorsey Law Firm in 1975 and has practiced family law and tried numerous trials throughout Florida in state and federal courts.
To request your in-person consultation at The Dorsey Law Firm’s Jacksonville Law Office or if you have any questions, call 904-346-3883 or click our Jacksonville Divorce Attorney page for more information.
