Legally speaking, in case of an uncontested divorce, you can get a divorce within 21 days in Florida. To get a divorce immediately, you do not need to prove a reason for the divorce. This can be when you file for divorce or when your spouse files for divorce.
Florida is a no fault divorce state. Hence, you need to simply prove that there are irreconcilable differences between you and your ex.
You can file a divorce petition in a county where you and your spouse last lived together or where the petitioner (that is you) currently lives.
After this, the respondent (that is your spouse) must compose an answer and respond to the divorce papers within 21 days. If your divorce is uncontested, your attorney can collect and compile all the appropriate information to decide the allocation of alimony and distribution of assets.
Once the negotiation regarding finances, child custody, and parenting plans have gone smoothly, your lawyer can draft a judgment for you and your spouse to sign.
Is there a $99 divorce in the USA?
No, there are no $99 divorces in the USA. When a company offers divorce services for $99, they typically charge for the typing services. They do not offer you any help with the paperwork filing or navigating through the complex legal procedures.
The best way to get a divorce immediately is by hiring a local divorce attorney who can offer you legal advice every step of the way.
How to get a divorce with no money
If you are unable to pay for a divorce, you need to prove your indigent status. This will allow you to waive all costs incurred due to the divorce proceedings.
To prove your indigent status, you need to visit the county family court and ask the clerk for an ‘Application for Determination of Indigent Status’ form or find the form online. For this to be applicable, ensure that you meet the state residency requirements.
The form contains questions related to child support and care, alimony (if needed), and division of marital assets. Besides this, you also will have to disclose your financial information, such as social security income, unemployment assistance, food stamps, etc.
Ensure that you double-check the documents thoroughly, as any missing or misleading information can lead to the rejection of your application. Also, you should ideally not hire an attorney for this as it could lead to rejection on the basis that you can afford an attorney.
Once your forms have been notarized (by your bank or court clerk), the paperwork will be processed by an employee of the court or judge. If need be, you might have to appear for the court hearings as well.
If your application has been accepted, the judge may decide to waive your entire fee or defer it. After this, the divorce case can proceed.
In case of an uncontested divorce, your ex will not have to appear in court, and it will be a relatively simple and quick procedure. However, in case you and your ex have come to a settlement, you can file for a settlement and appear in court to express the settlement agreement to the judge.
How to get a free divorce guide
Hiring an attorney can be expensive, and there are many free resources available online that you can use to mitigate your divorce without a cost. Many government websites and law sites offer guidance, and browsing through these sites before filing for a divorce can help you make smart decisions.
How long do you have to be separated to get a divorce?
Under Florida law, there is no requirement when it comes to legal separation or a mandatory waiting period. Your divorce proceedings will continue depending on the type of divorce and settlement and negotiation terms.
Uncontested divorce Florida no court appearance
If a couple has decided unanimously to file for a divorce, it is a good idea to opt for a “Simplified Dissolution of Marriage“. As it is the simplest option, only one of the spouses has to appear in court for the final hearing.
However, there are certain conditions that have to be met. These include-
- Both spouses must consent to this method.
- The couple should not have any minor children.
- Neither spouse should be pregnant.
- Either of the spouses must reside in Florida for the past 6 months.
- There is a mutual agreement for the division of property, assets, and debts.
- The spouses have agreed to avoid alimony.
- Both spouses agree that the marriage is broken.
What is the cheapest way to get a divorce with a child
If you and your ex have a minor or dependent child, the divorce process gets a little complicated. Provided that there are no disagreements regarding divorce, you can opt for a regular dissolution of marriage and create a complete settlement agreement.
This document typically outlines the agreed terms of the divorce-related to-
- Division of property, real estate, and personal property
- Spousal support
- Child support and custody
This option is typically a little lengthier and may cost slightly more compared to a simple divorce as it involves many legal documents, filing fees, and court orders. However, you can also apply for indigent status with a form and waive or defer your court costs.
Guidelines for a dissolution of marriage
There are two main types of divorces. It generally boils down to the agreement between you and your spouse.
If you and your spouse agree on the divorce terms related to personal property, child custody, child support, etc., then you can opt for a simple dissolution of marriage. In such cases, the divorce is finalized in the least amount of time.
However, if you and your ex have certain disagreements with regard to such terms, you can opt for a regular dissolution of marriage. This option may lead to a hefty legal process.
Here are some steps that you will have to walk through to ensure that your divorce is settled in less time and cost.
- File the petition in a circuit court and state that the marriage is irrevocably broken.
- Ensure that your ex responds to the divorce petition within 20 days. During this period or before filing the petition, you can request temporary orders if need be.
- After filing the petition, the next step is to ensure that you have all your court papers in order. This means that you must gather all the general information and financial statements from your joint and personal bank accounts. This also includes a certified copy of proof of income and income tax statements.
- If you and your ex can’t reach an agreement regarding any divorce terms, then mediation is required by the law. In such cases, having a divorce attorney can help you negotiate and mediate until you reach an agreement.
- During the mediation, it is also necessary to decide on a parenting plan if you have children. This must also be mentioned in the written agreement.
- Ultimately, if you and your ex don’t reach an agreement regarding child custody, child support, or any other areas of dispute, the case will have to go to trial. These can lead to an increase in court costs, filing fees, and other expenses.
- Your divorce attorney will represent you in court. However, in case the final order is not in your favor, you can file an appeal to request a new hearing.
What is the process of filing for divorce with child?
The process of filing for divorce with a child is more or less the same as a regular dissolution of marriage. However, Florida divorce law requires Shared Parental Responsibility.
In such cases, both parents have an equal say in raising the child with certain principles related to education, health, discipline, etc.
FAQ relating to how to get divorce immediately
It is no surprise that once a couple decides to divorce, they would like to separate as soon as possible. This helps reduce the expenses and emotional turmoil caused to them and their close ones.
That is why it is necessary to mediate and prepare an agreement before filing a divorce petition.
How fast can I get a divorce in Florida?
In case of a Simplified Dissolution of Marriage, you and your ex can get a quick divorce within 20-30 days of filing the petition. However, for this, you need to ensure that there is complete agreement on the terms of the divorce to ensure that there are no legal issues during the procedure.
What is the fastest divorce in California?
In California, there is a mandatory 6-month waiting period before your divorce can be finalized. Therefore, the shortest amount of time to successfully get a divorce is 6 months.
Does Florida require separation before divorce?
Florida Law does not require separation before divorce. However, in case of a fault divorce, it is recommended that the partners do not stay together.
How much is a simple divorce in Florida?
The cost of filing a simplified dissolution of marriage ranges from $350-$410, depending on the county. If you are unable to pay the fee due to low income, you can apply for indigent status and get your fees wavered or deferred.