This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
Options for Response: Ignoring the papers can lead to a default judgment in favor of your spouse, so it's advisable to respond within 20 days. Hiring a divorce attorney can help you file an appropriate Answer and possibly a counterclaim.
You can do whatever you want, but without a lawyer, there is no one to advocate for you or to protect your rights. When a divorcing couple can agree on marital assets being shared and there are NO children, and no other support requested, a lawyer isn't necessarily needed.
Under Florida law, there is a "Simplified Dissolution Procedure" which enables you and your spouse to file for your own divorce. You can only use this procedure if there are no issues other than the divorce itself to be decided or enforced by the court.
Read the complaint and decide what to do. Read the complaint. You may agree with some, all, or none of the complaint. Write down next to each paragraph in the complaint whether you agree or disagree with what that paragraph says. If you agree with everything your spouse is asking for, you may not need to file anything.
While couples are still required to make financial disclosures to each other, they will no longer be required to file financial affidavits with the court if both parties agree to waive the requirement. It could eliminate a procedural step in certain low-conflict, uncontested divorce cases.
An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.
It is possible to get a divorce without going to court, especially in cases where both parties mutually agree to the divorce and its terms. This process is often referred to as an ``uncontested divorce'' or ``amicable divorce.'' Here are the key steps and considerations:
If a spouse has an annual income of $50,000 or greater, they are required to use the long form financial affidavit to provide financial disclosures for the divorce. As of November 1st, 2023, a new family law procedural rule will officially take effect in Florida.
- Start with the story of your separation, and what caused it. State when you and your ex got married, when you had kids, got jobs, moved, etc. State what caused the need for divorce. This overview should be brief but gives the court a ``big picture'' of your life together up to this point.
The short answer, for every scenario except standard uncontested dissolution, is no. You will have to be present in court for your divorce. In all Florida divorce cases, at least one of the spouses needs to appear in court, and in the majority of cases, both spouses need to be present.