If so, she must request this when filing the Petition for Dissolution of Marriage. Even if both partners agree on all conditions of the divorce, they should file a Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Children — if there are children.
This will help speed up the legal process and keep things simple. Florida law also takes into consideration various factors such as child support, alimony awards, and other marital responsibilities. Florida law does not include any definitions for annulment in their statutes, so this decision is made by looking at previous court rulings.
Dissolution of Marriage
The court may grant an annulment under certain conditions, including:. In Florida, there are four categories of alimony: bridge-the-gap, rehabilitative, durational, or permanent alimony. The court may order periodic payments, lump-sum payments, or both. Any marriage that has lasted less than 7 years is a short-term marriage. If the marriage has lasted between 7 years and 17 years, then it is a moderate-term marriage.
Expertise in Florida Family Law, Divorce, Custody, Child Support, Alimony & More
And finally, any marriage that has lasted more than 17 years is a long-term marriage. In the state of Florida, either partner of the marriage can request alimony. There are four types of alimony arrangements, and they are:. It is designed to provide support for legitimate identifiable short-term needs.
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In this alimony arrangement, the award cannot last more than two years and the duration cannot be modified. The primary purpose of rehabilitative alimony is to help the requesting spouse gain self-sufficiency. By developing new skills, or redeveloping existing skills through education, training, or work experience to help build credentials, the spouse achieves self-sufficiency.
In this arrangement, a court requires the order to include a well-defined plan. It is possible to modify this arrangement if there is a significant change in the circumstances. This could include the plan being completed early, or the receiving party not following the plan. When a spouse lacks the financial ability to pay for their needs and necessities as they were throughout the marriage , a judge may grant permanent alimony. This occurs most often for a long-duration marriage, and sometimes a moderate-duration marriage under certain conditions. The court rarely awards it for a short-duration marriage, and this requires an exceptional circumstance.
For example, as a supportive and co-habitative relationship between the spouse and someone not related by blood. The main goal is to provide the receiving partner with financial assistance for a duration of time following a short to moderate marriage. Under this arrangement, there may be modifications to the amount of the award. Typically, the court will not modify the terms unless there are exceptional circumstances.
And the award length can not extend the length of the marriage. When the court determines that one spouse has a need for alimony, and the other spouse is able to pay, they will review various factors that will decide the appropriate arrangement and amount of alimony. For these reasons, you may choose to hire an attorney to represent you in this type of case.
If you decide to represent yourself in these matters, be aware that you will be required to prepare your own legal documents and otherwise proceed according to Florida law and rules of court. If the Petition for Dissolution of Marriage is contested by either spouse and the issues cannot be resolved, both sides will have to attend a mediation hearing.
If you have a dependent minor child, you should know that both parties are required to attend a parent-education course. Once both parties have completed the course and their certificates have been turned in, you will be able to schedule a final hearing. The parties are responsible for the course fees. Establishing the paternity of a child means finding out who the father is. Doing this may require scientific testing Florida Statutes Just keep in mind that the paternity case must be handled in the circuit court where the Petitioner resides or in the county where the Respondent resides.
The court will decide any paternity issues and will determine the ability of a spouse to support the child. In addition, other fees or costs may be awarded. The court may also order an appropriate parenting plan and time-sharing schedule. Parties may be required to submit to scientific testing to show a probability of paternity and to attend a Putting Children First Course see Florida Statute To change your name outside of marriage or divorce if not stated in divorce decree , you must file a petition for change of name.
See the Fees section, below, for the current filing fee and accepted payments. It is important to include your name, address and telephone number on every document you file with the court. If you think you need legal assistance, you may want to consider speaking with an attorney. If the name change is for a minor, the fingerprints of both parents, not the minor, must be taken and submitted.
As mentioned above, before a hearing can be scheduled for your case, you must have your fingerprints scanned. Contact the Jacksonville Sheriff's Office for more information on the electronic fingerprinting process. All records regarding the adoption, including the original birth certificate, are confidential and subject to inspection only by court order. As a procedural note, every document filed in a case will be entered into the Case Docket. Please note that you must register to use CORE. Electronic filing e-Filing is now required for attorneys in Florida. For more information about e-filing, please visit the E-filing Portal.
The Rule involves procedures regarding confidentiality of Court records and requires filers to notify the Clerk of confidential information contained in any filings. Please take special notice that the Court may impose sanctions under Rule 2.
Consumer Pamphlet: Divorce In Florida – The Florida Bar
For your convenience, an interactive form for providing notice of confidential information within court filings is available by following the link below. The Florida Supreme Court website may be found at www. Self-help forms can be downloaded from the FlCourts.
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- Everything You Need to Know About Divorce in Florida?
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- Divorce / Dissolution of Marriage | Citrus County Clerk of Courts, FL!
- Divorces Involving Minor Children.
If you need additional help, you can research the process at your local library, at the FlCourts. You may file for a Dissolution of Marriage without an attorney. Section Please consult the statutes for further information.