Try again! Child custody is separate from division of property. You certainly want to come to a reasonable ground on both, but child custody does not make an equitable division of property. Pick another answer! When dividing property equitably, you will not necessarily divide property equally.
Instead, it means that the division is fair to both parties, depending on factors like income and custody. There are many factors that will impact the division of property, like fault, custody, and income. An equitable division of property is not the same as an equal division of property. Click on another answer to find the right one True or False: If you live in the same county as your spouse, you must serve the divorce papers yourself. Yes, serving the papers personally is often the best way to go.
It ensures the process happens quickly and allows you to communicate with your spouse directly. Still, there is no requirement that you deliver the papers yourself if you don't want to, regardless of where you both live. While delivering the papers yourself is the most effective method for a quick response, it isn't a requirement.
If you cannot locate your spouse or don't want to see them, you have other options for serving papers.
Which of the following is NOT a requirement to file for a simplified divorce? Since not having children or dependents is a fundamental element of a simplified divorce, you also cannot be seeking alimony. This is a requirement for a simplified divorce. Guess again! In order to file for a simplified divorce, at least one of the parties need to have lived in Florida for no less than 6 months. You cannot file in Florida if neither party has. A simplified divorce includes an equitable division of marital property and a lack of children, but it doesn't require either party to work full or part-time.
File for divorce without an attorney in Florida, saving time, money, and hassle. Once the two sides have agreed to the divorce, paperwork must be filled out. Should I just sign the papers or speak to my own Tampa divorce attorney? There are two different ways to file for a divorce in Florida: a simplified petition and.
You waive your right of alimony when filing for a simplified divorce, but otherwise, salary isn't addressed. When you file for a simplified divorce, you both waive your right to trial and appeal.
https://yvywedib.tk While there are definite benefits to a simplified divorce, make sure it's the right step for both parties. This article was co-authored by Clinton M.
Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Learn why people trust wikiHow. Co-authored by Clinton M. There are 18 references cited in this article, which can be found at the bottom of the page. Be sure the marriage is irretrievably broken. Satisfy residency requirements.
In order to get a divorce in Florida, one party must have been a resident of the state for the preceding 6 months. Take an online class. Couples who have children must take an online course before filing for divorce. Sometimes the children must also take a course specially designed for them. You should expect to pay a fee for the class. You should contact the court clerk with questions about the specific course approved for your county. Part 1 Quiz What is a requirement of a Simplified Divorce? One party has been living in Florida for more than 6 months.
Both parties agree that the marriage is irretrievably broken. There are no children in the divorce. Think about hiring a lawyer. A divorce is a stressful experience, and an experienced family law attorney can help relieve your stress by handling all of the paperwork necessary to file for divorce. Florida attorneys can be certified as specialists in Marital and Family law. A Simplified Divorce is designed so that no attorney is necessary, though you may have one if you prefer. Because no children are involved in a Simplified Divorce, you may only want to speak to an attorney if you have questions about how to divide marital property.
Come to an agreement on child custody. If possible, you and your spouse should attempt to meet and decide on child custody.
A joint stipulation on custody issues will be honored by the court if the court finds that it is in the best interest of the child. In the absence of an agreement, the court will have to hold a trial. A trial can be time-consuming, expensive, and stressful. Draft a marital settlement agreement. Marital property includes real estate, cars, retirement benefits, stocks, bonds, cash, bank accounts, and anything else of value.
A court will decide whether your division is equitable by considering the duration of the marriage, the contribution of each spouse to the marriage, and the economic circumstances. Part 2 Quiz To make the division of property equitable, you must:. Discuss child custody options. Divide the marital property fairly.
Divide the marital property equally. Locate the correct court. You must file in the circuit court for the county where you last lived as a married couple or in the county where either party currently resides. Draft a dissolution of marriage petition. You initiate divorce proceedings by filing a petition in the court.
In the petition, you ask the court for the divorce. Either spouse may file. Fill out additional forms. File the petition. You or your attorney should take the petition as well as any supporting documentation and file it with the clerk of court. You will also have to pay a fee, which varies depending on the court. If you cannot afford the filing fee, ask for an Application for Determination of Civil Indigent Status from the clerk. Serve notice on your spouse. You must give your spouse notice that you have filed a petition for dissolution of marriage so that he or she can answer the petition within 20 days.
You cannot serve by mail or hand delivery. If you know where you spouse is, you should serve the papers personally.
You should fill out a Summons and a Process Service Memorandum. You will then need to ask the clerk to help schedule service by the sheriff. If your spouse lives in the same county as where the court is located, then you can have the local sheriff serve notice for a fee.
You must also include a self-addressed stamped envelope.