(Newswire.net — October 28, 2021) –When the marriage breakdown is inevitable, the best thing you can do is reduce the stress associated with the legal proceeding.
Let’s consider the peculiarities of the divorce process in Florida and the main factors which allow finalizing it within the shortest possible time frame while saving money.
Florida Options for a Peaceful Divorce
Dissolution of marriage doesn’t have to be a long-drawn and expensive procedure, like in all those courtroom drama movies. If you’re well informed about the process, you can avoid undue stress at every stage, from filing to getting the final decree. And the key to a fast and straightforward divorce is amicable separation.
Even though legal requirements for filing for divorce and the dissolution process vary from state to state, there is a general principle: the more peaceful your divorce, the less time it will take.
Uncontested Divorce
So, if you want to end your marriage as quickly as possible, you should first consider whether you can pursue an uncontested divorce.
Unlike a “traditional” contested divorce which often requires hiring a full-scope attorney and may include many court hearings and possibly a trial, an uncontested divorce implies settling a couple’s issues outside of court.
That is to say, the parties agree on the property division, child custody, child and spousal support, etc., in advance. They memorialize these arrangements in a written settlement agreement and participate in only a single final hearing.
So, an uncontested divorce typically gives the spouses much more freedom to speed up their divorce process, even though a waiting period is still mandatory in all cases. Under Florida Family Law, a final hearing date cannot be set earlier than twenty days after signing the Petition for Dissolution of Marriage.
Simplified Dissolution of Marriage
Simplified Dissolution of Marriage is another way provided by Florida Family Law to get divorced. It is like an uncontested divorce but with additional benefits and requirements.
A couple must meet the following criteria to qualify for this simplified procedure and get a quick divorce (which takes only about 30 days, considering the waiting period):
- Either spouse has lived in Florida for at least six months.
- Both spouses agree to divorce.
- The spouses have no minor children together, and the wife is not pregnant.
- The spouses have worked out the essential terms of their separation and signed a Marital Settlement Agreement for Simplified Dissolution of Marriage form.
- Neither spouse is seeking alimony from the other.
- The spouses give up their right to trial and appeal.
- Both spouses are willing to go into the Clerk’s Office to sign the petition.
- Both spouses are ready to participate in the final hearing.
As you can see, unlike a regular uncontested divorce where one spouse is a petitioner and the other is a respondent (defendant), in simplified dissolution, the spouses apply for divorce jointly.
Filing as co-petitioners allows avoiding the service process – giving the copies of initial divorce papers to the respondent in a legally acceptable manner, thus speeding up the process.
Otherwise (in a regular divorce), the defendant has twenty days to file a response once served with a divorce petition.
Do It Yourself
While state laws regulate what happens after the case is filed, it is at your discretion to choose methods and tools to prepare for divorce. Preparing for an uncontested divorce includes drawing up an agreement and selecting and filling out all the necessary divorce forms.
In a traditional divorce case, both spouses retain lawyers for this purpose. However, as an uncontested divorce assumes no claims, you may even arrange a so-called DIY divorce.
DIY divorce means getting a divorce as a self-represented (Pro Se) litigant, i.e., without an attorney. In other words, it’s you who takes responsibility for completing the required documents and filing the case.
Pro Se litigants can use various additional services to make the process as smooth as possible and cut the cost of divorce.
For example, the couple may participate in divorce mediation. A neutral third party (qualified mediator) will help them draw up their Marital Settlement Agreement out of court and avoid conflicts. And when it comes to paperwork, the spouses who want to complete their divorce forms quickly can resort to inexpensive online divorce services.
Divorce Over the Internet
So what does “internet divorce” mean? First, it should be noted that the various online divorce companies you find on the Internet are not law firms. They typically are not qualified to provide legal advice but specialize in paperwork, helping their customers take the first steps when preparing for divorce.
Secondly, you cannot complete divorce online using one of these web divorce services. Although many counties in Florida recognize the application for divorce online, it must be done through separate e-filing systems approved by Florida Courts.
To sum it all up, online divorce and electronic filing are just different types of services that you can use at different stages of the process. So you may e-file the divorce papers prepared with the help of an online divorce service, but you should visit the Florida Courts website or contact your Clerk of the Circuit Court for more information about e-filing.
Hassle-Free Paperwork
The main benefit of online divorce is that it provides an affordable, quick, and straightforward way to complete all the necessary divorce documents without leaving home and without having to grapple with paperwork on your own.
As even the simplest divorce case requires proper paperwork, this issue shouldn’t be underestimated. If there are any mistakes in your legal forms, the court may reject them, and then the divorce will be prolonged.
Online divorce services select and fill out the divorce papers required in a particular case based on the information a user provides through a detailed online interview.
The ready-to-file forms are typically available within two business days, and all the customer has to do is print them, sign, and file with the Clerk’s Office. In addition, reliable online divorce companies guarantee that your local court approves the provided papers without any hassle.
Conclusion
In general, state laws favor spouses who would like to arrange a peaceful divorce and save their time. Florida has one of the shortest waiting periods required for divorce across the U.S. and recognizes a Simplified Dissolution of Marriage. And if you don’t want to waste a minute, take advantage of an online divorce and get your ready-to-file court forms in a matter of days.