Florida Dissolution of Marriage (Divorce) – $199.00

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What are the grounds and residency requirements to file for an uncontested or “no-fault” divorce in Florida?

Florida Dissolution of Marriage

There are several different types of dissolution (divorce) procedures available under Florida law. Our company’s services focus only on uncontested legal actions where the parties will agree on all terms of the divorce or at least will not make any objections. Contested divorce actions fall outside the scope of our company as they typically require counsel by a licensed attorney.

Please review the requirements listed below to determine which set of legal documents is right for you.

If you need answers to your legal questions —  Try the JustAnswer service to get answers from a lawyer on divorce matters in minutes.

Requirements to Use the Florida Simplified Dissolution (Divorce) – No Marital Settlement Agreement – $199.00

Residency Requirement

At least one (1) of the parties must be a current resident of Florida and have lived in Florida for at least the six (6) months immediately prior to filing.

Filing Requirements

(all of the following requirements must be met to qualify for Simplified Dissolution)

  • Both parties agree that the marriage cannot be saved.
  • No minor children exist within the marriage.
  • The Wife is not pregnant.
  • The Wife does not have any minor or dependent children born during the marriage.
  • Parties waive alimony.
  • All assets and liabilities have been satisfactorily divided between the parties.
  • Both parties waive a trial and all rights to appeal.
  • Both parties are willing and able to appear at the Clerk’s Office to sign and file the Petition (not necessarily at the same time).
  • Both parties are willing and able to appear at the Final Hearing together (both must appear at the hearing).

Forms:

  • Petition for Simplified Dissolution of Marriage (Form 12.901(a))
  • Affidavit of Corroborating Witness (Form 12.902(i)) (if using this form to prove FL residency) (one (1) copy would be completed for each party who resides in Florida)
  • Disclosure from Non-lawyer (Form 12.900(a))
  • Final Judgment of Simplified Dissolution of Marriage (Form 12.900(a))
  • Civil Cover Sheet (Form 12.928)
  • Florida Notice of Related Cases form (Form 12.900(h)) (if applicable)
  • Application for Determination of Civil Indigent Status (if applicable)
  • Designation of Current Mailing and E-mail Address (Form 12.915) (if applicable)

Requirements to Use the Florida Simplified Dissolution (Divorce) with a Marital Settlement Agreement – $298.00

Residency Requirement

At least one (1) of the parties must be a current resident of Florida and have lived in Florida for at least the six (6) months immediately prior to filing.

Filing Requirements

(all of the following requirements must be met to qualify for Simplified Dissolution with MSA)

  • Both parties agree that the marriage cannot be saved.
  • No minor children exist within the marriage.
  • The Wife is not pregnant.
  • The Wife does not have any minor or dependent children born during the marriage.
  • Parties waive alimony.
  • All assets and liabilities have been satisfactorily divided between the parties. The parties will sign and file a written Marital Settlement Agreement (MSA) with the divorce documents.
  • Both parties waive a trial and all rights to appeal.
  • Both parties are willing and able to appear at the Clerk’s Office to sign and file the Petition (not necessarily at the same time).
  • Both parties are willing and able to appear at the Final Hearing together (both must appear at the hearing).

Forms:

  • Petition for Simplified Dissolution of Marriage (Form 12.901(a))
  • Affidavit of Corroborating Witness (Form 12.902(i)) (if using this form to prove FL residency) (one (1) copy would be completed for each party who resides in Florida)
  • Disclosure from Non-lawyer (Form 12.900(a))
  • Final Judgment of Simplified Dissolution of Marriage (Form 12.900(a))
  • Civil Cover Sheet (Form 12.928)
  • Financial Affidavit – Short Form (Form 12.902(b)) (used only if there is a written MSA and sole gross income is less than $50,000)
  • Financial Affidavit – Long Form (Form 12.902(c)) (used only if there is a written MSA and sole gross income exceeds $50,000)
  • A Marital Settlement Agreement signed and notarized by both parties.
  • Florida Notice of Related Cases form (Form 12.900(h)) (if applicable)
  • Application for Determination of Civil Indigent Status (if applicable)
  • Designation of Current Mailing and E-mail Address (Form 12.915) (if applicable).

Requirements to Use the Florida Divorce With Children with Marital Settlement Agreement – $298.00

Residency Requirement

At least one (1) of the parties must be a current resident of Florida and have lived in Florida for at least the six (6) months immediately prior to filing.

Filing Requirements

  • The parties agree on all details, or at least make no objections.
  • There are minor children, adult dependent children, and/or one or both parties is pregnant.
  • A Marital Settlement Agreement (MSA) will be signed by both parties and filed in court.
  • The parties acknowledge that a Parenting Plan is required for all divorce actions involving minor children. It will be submitted at the time of initial filing or prior to final judgment of divorce. (This document is included with your purchase.)

Forms:

  • Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (Form 12.901(b)(1))
  • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (Form 12.902(d))
  • Notice of Social Security Number (Form 12.902(j))
  • Affidavit of Corroborating Witness (Form 12.902(i)) (if applicable)
  • Certificate of Compliance with Mandatory Disclosure (Form 12.932) (though additional financial documents which are listed on this document MAY be provided to your spouse, only the Financial Affidavit is absolutely required – this form is not used with Default cases)
  • Disclosure from Non-lawyer (Form 12.900(a))
  • Service documents (varying based on the method of Service chosen – personal or constructive)
  •  Personal Service: Summons: Personal Service on an Individual (Form 12.910(a)) and Process Service   Memorandum (Form 12.910(b))
  • Constructive Service:  Notice of Action for Dissolution of Marriage – No Child or Support (Form 12.913(a)(1)) and Affidavit of Diligent Search and Inquiry (12.913(b))
  • Motion for Default and Default (Form 12.922(a) and Form 12.922(b)) (if applicable)
  • Memorandum for Certificate of Military Service (Form 12.912(a)) (used with Default – if applicable)
  • Affidavit of Military Service (Form 12.912(b)) (used with Default – if applicable)
  • Notice of Hearing (General) (Form 12.923)
  • Final Judgment of Dissolution of Marriage with Minor Child(ren)(Uncontested) (Form 990(b)(1))
  • Notice of Confidential Information for Court Filings (required with the UCCJEA form)
  • Civil Cover Sheet (Form 12.928)
  • Child Support Guidelines Worksheet and Notice of Filing of Worksheet (Form 12.902(e))
  • Motion to Deviate from Child Support Guidelines (Form 12.943) (if applicable)
  • Financial Affidavit – Short Form (Form 12.902(b)) (used only if sole gross income is less than $50,000)
  • Financial Affidavit – Long Form (Form 12.902(c)) (used only if sole gross income exceeds $50,000)
  • Florida Notice of Related Cases (Form 12.900(h)) (if applicable)
  • Marital Settlement Agreement (signed and notarized by both parties)
  • Designation of Current Mailing and E-Mail Address form (Form 12.915) (if applicable)
  • Application for Determination of Civil Indigent Status (if applicable)

Requirements to Use the Florida Divorce With Property No Children with Marital Settlement Agreement. – $298.00

Residency Requirement

At least one (1) of the parties must be a current resident of Florida and have lived in Florida for at least the six (6) months immediately prior to filing.

Filing Requirements

  • The parties agree on all details, or at least make no objections.
  • All assets and liabilities have been satisfactorily divided between the parties. The parties will sign and file a written Marital Settlement Agreement (MSA) with the divorce documents.
  • There are no minor or adult children of the marriage and neither party is pregnant.

Forms:

  • Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (Form 12.901(b)(2))
  • Notice of Social Security Number (Form 12.902(j))
  • Affidavit of Corroborating Witness (Form 12.902(i)) (if applicable)
  • Certificate of Compliance with Mandatory Disclosure (Form 12.932) (though additional financial documents which are listed on this document MAY be provided to your spouse, only the Financial Affidavit is absolutely required – this form is not used with Default cases)
  • Disclosure from Non-lawyer (Form 12.900(a))
  • Service documents (varying based on the method of Service chosen – personal or constructive)
  •  Personal Service: Summons: Personal Service on an Individual (Form 12.910(a)) and Process Service Memorandum (Form 12.910(b))
  • Constructive Service:  Notice of Action for Dissolution of Marriage – No Child or Support (Form 12.913(a)(1)) and Affidavit of Diligent Search and Inquiry (12.913(b))
  • Motion for Default and Default (Form 12.922(a) and Form 12.922(b)) (if applicable)
  • Memorandum for Certificate of Military Service (Form 12.912(a)) (used with Default – if applicable)
  • Affidavit of Military Service (Form 12.912(b)) (used with Default – if applicable)
  • Notice of Hearing (General) (Form 12.923)
  • Final Judgment of Dissolution of Marriage Marriage with Property but No Dependent or Minor Child(ren)            (Uncontested) (Form 12.990(b)(2))
  • Civil Cover Sheet (Form 12.928)
  • Financial Affidavit – Short Form (Form 12.902(b)) (used only if sole gross income is less than $50,000)
  • Financial Affidavit – Long Form (Form 12.902(c)) (used only if sole gross income exceeds $50,000)
  • Florida Notice of Related Cases (Form 12.900(h)) (if applicable)
  • Marital Settlement Agreement (signed and notarized by both parties)
  • Designation of Current Mailing and E-Mail Address form (Form 12.915) (if applicable)
  • Application for Determination of Civil Indigent Status (if applicable)

 

We cannot advise you which set of pleadings is appropriate for your particular situation as this is considered to be legal advice.

If you need answers to your legal questions —  Try the JustAnswer service to get answers from a Florida lawyer on divorce matters.

If you need legal advice, check one of these Florida law firms that offer online legal services.