Legal Requirements for a Fast Divorce
In Florida, you can divorce quickly if the following conditions are met.
- You and your spouse agree your marriage cannot be saved
- You have no minor children together.
- The wife is not pregnant.
- Neither spouse if seeking alimony.
- You and your spouse are willing to go to the clerk’s office to sign the paper work.
- Both of you must attend a short final hearing either in person or Zoom (depending on the court), and
- You are your spouse must have lived in Florida for at least six months prior to filing for divorce.
Therefore, if you said yes to all of the above then its time to move to the next step-completing your paperwork.
Filing your divorce case.
Next, to start your case you must file paperwork called a petition. That is to say, the petition is a request to the court for a legal action, in this case your asking for a divorce. If you are the person filing you will are the petitioner. Your spouse is the respondent.
You have two ways to file your petition-dropping it off a the Clerk of Court in the County you live or filing electronically. For more information on electronic filing, see requirements here. When you file for divorce you will have to pay a filing fee-usually around $ 400. Once the clerk processes your petition your case will be given a case number. It will be used throughout the case.
Next, as the person filing, you must give or serve a copy of the petition on your spouse. However, you can’t serve your spouse yourself, even if they live with you! You must hire a process server who will provide a copy of your petition to your spouse. The process server will also file proof of service with the Clerk of Court.
How to file a snappy petition.
To achieve your goal of getting divorce quickly, make sure all of the following information is included in your petition:
- A statement that you are both asking for a divorce.
- Where you and your spouse currently live. How long you have lived there.
- The date and location of your marriage.
- A statement that your marriage is irretrievably broken.
- A statement that there are no minor children of the marriage and that the wife is not pregnant.
- Provide a property settlement agreement to the court. For more on property settlement see this page on division of property. Note: this step is optional.
- A statement saying that both of you are entering this agreement voluntarily and of your own freewill.
- That you agree to come to a final hearing in person or electronically.
- Both of you must sign under penalty of perjury.
How long does this whole process take?
The whole process can take a brisk 30-45 days. It can take longer if you forget some of the information discussed above or make mistakes. Moreover, contact the court to get a court date.
Conclusion-getting a divorce pronto.
To sum up, filing a simplified divorce is how to divorce quickly. You will need to file paperwork called a petition, pay a filing fee and attend a short court hearing. Further, you have the option of submitting a property settlement agreement with your divorce petition. As a result, the whole process will take at least 30 days.
Additional Help?
Any legal action has unexpected difficulties and issues. So if you would like a free consultation with Joel Lipinski please call him at 727-643-8964 or email at joelipinskiattorney@gmail.com Also, you could complete the form below for a prompt response.
