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I would like to file a pro per divorce. Can you help me? Not…

Customer Question
I would like to...

I would like to file a pro per divorce. Can you help me?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Not yet

Lawyer's Assistant: Family law varies by state. What state are you in?

Florida

Submitted: 3 months ago.Category: Family Law
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Answered in 2 minutes by:
3/23/2018
Family Lawyer: Jessica B,
 replied 3 months ago
Jessica B
Category: Family Law
Satisfied Customers: 1,663
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed Florida attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

I need some additional information. What county do you reside? Do you have minor children? Do you and your spouse agree on the asset division?

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Customer reply replied 3 months ago
St. Lucie. I minor child. No, my spouse and me are not talking.
Family Lawyer: Jessica B,
 replied 3 months ago

Ok, thank you. What you need to do complete the Dissolution of Marriage Packet provided by the Florida courts for self represented individuals.

Here is the packet:

http://www.flcourts.org/core/fileparse.php/533/urlt/901b1.pdf

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Family Lawyer: Jessica B,
 replied 3 months ago

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.

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.

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Family Lawyer: Jessica B,
 replied 3 months ago

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.

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Family Lawyer: Jessica B,
 replied 3 months ago

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.
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Family Lawyer: Jessica B,
 replied 3 months ago

Please let me know if you have a question or need clarification of the information provided.

Ask Your Own Family Law Question
Family Lawyer: Jessica B,
 replied 3 months ago

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