Filing for Divorce in Florida
Like all other states, Florida has its own set of laws regarding divorce. You can try to handle things on your own, but it’s always advisable to retain an experienced divorce lawyer. Here are the laws you need to know for Florida divorce.
You are required to file certain forms when you file for divorce. You must complete a Petition for Dissolution of Marriage and are considered the petitioner while your spouse is considered the respondent. You also need to complete a Summons, file it with the divorce petition with your local county court, and then have it formally served upon your spouse by the Sheriff’s Office or a private process server.
In Florida, you or your spouse must have resided in Florida for at least six months prior to filing for divorce. Florida is a called a no-fault divorce state which means that you don’t have to prove any particular misconduct on the part of your spouse in order to file for divorce. All you need to do is write in your Petition for Dissolution of Marriage that the marriage is that there are “irreconcilable differences” and that the marriage is irretrievably broken.
Everything you want addressed in the divorce should be mentioned in your divorce petition. It should include the division of assets and debts, alimony requests, child support, and parental responsibility (child custody), and timesharing (child visitation). However, if you and your spouse are in full agreement on how to divide your property, have no children( or have none younger than 18) and neither of you wants about alimony, then you can file a Simplified Dissolution of Marriage Petition.
Once you are ready to serve your spouse with the petition you can do it in a couple of different ways. You can have local sheriff deliver it to him or her or you can have your spouse served by a private process server. There are other specific ways you must have the divorce petition served on your spouse if he or she is in the military, in jail or prison, or if you’re unable to locate him or her.
If you are in Sarasota, Bradenton, or Venice, Florida and want to get a divorce, then you need the Law Offices of Matthew Z. Martell on your side. Our Sarasota, Florida divorce attorneys are there for you every step of the way. Contact the Law Offices of Matthew Z. Martell at your earliest convenience at (941) 556-7020 to discuss your wishes for filing a divorce with a Sarasota, Florida divorce attorney.