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I need help ..going through a separation after 18 years of…

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I need help ..going through...
I need help ..going through a separation after 18 years of marriage
Submitted: 10 months ago.Category: Family Law
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Customer reply replied 10 months ago
We have been having lots of problems for maybe the past 4 years ...lots of $$$ issues ..he has become more controlling of his $$$ more greedy he says I want him for his $$ which is not true we have both in the relationship .I work and cover most of my expenses however he thinks I have spending problems but this is not new he knew how I was since say 1 and accepted it but now seems to be a big problem . also he has eating problems and does not want to work on it and loose some weight so when I tell him this needs to change he gets upset is like am the wrong one here and needs to adjust not him .I have already spoken to him and admit my faults but he is not coming clean. I left 2 weeks ago to a friends I have been doing this since he now at times gets aggressive when we argue . I guess this time he is really mad decided to put a realtor to sell the house and all I did not sign as I feel he is not thinking he is doing all out of rage ...he says I will not change and has doubts about it . he now ignores all my messages but yesterday I took it to the next level tried another tactic just do not know now if it was a good idea or not and do not know how to take it from her ..I decided to spice things up and he answered I went over we were intimate however he made it clear if we were to do this we were not getting back for now we need time he needs peace ..I am concerned there is another woman involved he swears not he is always with my son home etc we have a son and he is with him but maybe he could be playing smart not to loose legally since he is so concerned with his $$$ I need help here
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10/2/2017
Family Lawyer: RayAnswers, Lawyer replied 10 months ago
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 10 months ago

Florida does not recognize legal separation so it will have to be a divorce.You can file for divorce yourself if you have too.

Step by step and forms

The first form to complete when filing for divorce is the “Petition for Dissolution of Marriage.” The spouse filing for divorce is the “petitioner,” and the other spouse is the “respondent.”

Florida does not have fault-based divorce. In order to receive a divorce in Florida, you only need to show that the marriage is irretrievably broken or that one of the spouses has been mentally incapacitated for three years. The court can still consider fault, such as infidelity or cruel treatment, when deciding alimony, property division, or parental responsibility (also known as child custody).

All issues you want the court to address should be listed in your petition, such as dividing assets and debts, child custody, child support and alimony.

If you and your spouse have agreed on property division, neither spouse is asking for alimony, and you have no children under 18, you may be able to file a “simplified dissolution of marriage.”

You should be certain that everything is agreed upon, however, before filing for a simplified dissolution of marriage, because you give up many rights you would otherwise have, like cross-examining your spouse, or asking for financial documents. A simplified dissolution of marriage also requires you to prepare and sign a settlement agreement that covers property and debt division. See your circuit court’s website for more information on a simplified dissolution of marriage.

Filing Your Forms

Filing for divorce means you have given your petition for dissolution of marriage to the clerk’s office of the circuit court for the county where you are filing. You will need to have your petition notarized before filing with the court; most courthouses will have a notary present who can do this for a fee. You’ll give a copy of your signed and notarized petition to the clerk, along with the filing fee for a dissolution of marriage, and they should give you a copy with a date stamp and notation showing that it has been filed with the court. Be sure to make a copy of the petition for yourself, as well as an additional copy to serve on your spouse.

Serving Your Forms

You have to give your spouse a copy of your filed petition for dissolution of marriage; this is called “serving” your petition. There are a number of ways to serve your spouse with your petition.

If your spouse agrees, your spouse or your spouse’s attorney can simply accept service. Your spouse should complete a form you can find at your county clerk’s office called an “Answer and Waiver of Service.” This form must be signed and notarized.

Depending on where you live, you may be able to have the sheriff’s office of your county deliver the petition to your spouse. Check with your circuit court clerk’s office to see if your sheriff’s office will serve your spouse with your petition on your behalf.

Whether your sheriff’s office will deliver your petition or not, you have the option of having a private process server serve your petition on your spouse. Your circuit court clerk’s office will have a list of approved process servers for you to select from.

If your spouse lives in a different county from you, you will need to have the sheriff’s office or a private process server for the county where you spouse lives serve the petition. Contact the circuit court clerk for your spouse’s county to be connected with someone who can serve your spouse in that county.

If you can’t find your spouse, you can still serve him or her by “constructive service,” which means having a notice that he or she is being served published in a local newspaper for 30 days. You will have to pay a fee to the newspaper for this service. Your county clerk can assist you with publishing your notice.

Financial Disclosures

Florida requires you to turn over a completed and signed financial affidavit to your spouse within 45 days of the date your petition for dissolution of marriage is served. You can get a blank financial affidavit from your circuit court clerk’s office. The types of information and documents you can expect to turn over include:

  • income
  • assets
  • debts
  • tax returns
  • bank statements
  • credit card statements
  • personal financial statements, and
  • any other documentation containing financial information that your spouse or the court should know before the divorce.

Resources

See our section on Divorce and Family Laws in Florida for more information on the divorce process as well as related legal issues you'll likely encounter.

For the full text of the law governing filing for divorce, custody, child support and alimony in Florida, see Florida Statutes Title VI, Chapter 61. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061ContentsIndex.html&StatuteYear=2012&Title=-%3E2012-%3EChapter%2061

Information for each of the twenty circuit courts of Florida is here: http://www.flcourts.org/gen_public/family/self_help/map.shtml

Florida divorce forms you may print out and use are here: http://www.flcourts.org/gen_public/family/forms_rules/index.shtml

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