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Either spouse may file a petition for dissolution of marriage through the circuit court in the country where he or she lives or in the country where he or she lived with a respective spouse. The petition should list what the petitioner desires from the court for the divorce.
Unlike some other states, Florida does not formally recognize a legal separation. If you want to separate from your spouse that is, live apart but remain married you are able to do so without filing any special form or petition with the court.
The good news is that in Florida, you can still get a divorce even if the other party will not sign the divorce papers. Because Florida is a no-fault state, you don't have to prove that one spouse or the other was at fault in the divorce. Instead, you just have to state that the marriage is irretrievably broken.
At least one partner has resided in Florida for six months. Both parties agree on how to divide all property and debts. Neither party is seeking alimony. Spouses agree the marriage cannot be saved.
The good news is that in Florida, you can still get a divorce even if the other party will not sign the divorce papers. Because Florida is a no-fault state, you don't have to prove that one spouse or the other was at fault in the divorce. Instead, you just have to state that the marriage is irretrievably broken.
There is no specific requirement in the Florida Family Law Rules requiring that the spouses must be separated for days or weeks or months or years before petitioning for divorce. Partially, this is because Florida is a no fault divorce state.
The following forms are common to all dissolution cases, unless otherwise noted: Civil Cover Sheet (Form 12.928).Petition for Dissolution of Marriage.Family Law Financial Affidavit.Affidavit of Corroborating Witness (Form 12.902(i)).Notice of Social Security Number (Form 12.902(j)).Service Forms.
At least one of the people involved must have lived in Florida for the last six months, and both parties must agree fully to the terms of the divorce and that the marriage is irretrievably broken. This process also eliminates both parties' rights to a trial and appeals.
In Florida, the law does not allow you to complete the service on your own. You are required to hire someone to serve divorce papers. This can be either a sheriff or a process server, and the fees for their services will vary depending on the county.
No, Florida is one of a handful of states that doesn't offer legal separation as a formal legal process. Within the state, spouses can live separate and apart from each other without the need for a court order, which can be beneficial if you wish to avoid divorce for religious, social, or financial reasons.