Does It Take Two To Divorce?

[powerfulblu]

What is the name of your state (only U.S. law)? FL

My wife and I have been living apart for two years. We are not legally seperated. We have financial troubles (foreclosure, credit card debt, etc) that broke us up. All the debt is in my name. I am ready to just divorce. I want nothing from her financially. She does not return my calls, but can still contact me (and does so when she needs help from me). Can I file for divorce on my own? She says she wants one and said 6 months ago she would get me paperwork (i.e. "take care of it") but does not return my calls when I leave VMs about it. I cannot afford a lawyer. Will she need to fill out paperwork for this to go through?

Thanks For Any Help

 

[Proserpina]

What is the name of your state (only U.S. law)? FL

My wife and I have been living apart for two years. We are not legally seperated. We have financial troubles (foreclosure, credit card debt, etc) that broke us up. All the debt is in my name. I am ready to just divorce. I want nothing from her financially. She does not return my calls, but can still contact me (and does so when she needs help from me). Can I file for divorce on my own? She says she wants one and said 6 months ago she would get me paperwork (i.e. "take care of it") but does not return my calls when I leave VMs about it. I cannot afford a lawyer. Will she need to fill out paperwork for this to go through?

Thanks For Any Help

Yes, you can absolutely file yourself and do so without an attorney. Google "pro se divorce" for your county - FL has some very helpful resources which may help.

 

[mistoffolees]

It only takes one to get a divorce. If you want a divorce, you can eventually get it. If the other person contests it, though, it could get complicated and time consuming.

You are looking to file for divorce pro se (by yourself). It can be done, but you'll need to become familiar with the state law and all the procedures. Start with a google search for the rules in FL and then ask your court clerk if they can either provide the forms or tell you where to find them.

If you're not dealing with child custody or property issues, there would be little for the other person to contest. However, if she contests the divorce, it won't prevent you from getting divorced, but it will slow things down while you resolve the other issues.

The biggest risk for you is that she might think you really do have some money and want some of it (she would be entitled to 1/2 of marital assets). Not knowing the people involved or the circumstances, I think I'd try the divorce first and then see if she challenges it. If she challenges it, you might find that it's cheaper to just give her a statement from your accountant that you're broke rather than fighting that out in court. If that isn't enough to convince her, you might still end up with a battle on your hands. If so, you'll probably need an attorney.

 

[Gracie3787]

What is the name of your state (only U.S. law)? FL

My wife and I have been living apart for two years. We are not legally seperated. We have financial troubles (foreclosure, credit card debt, etc) that broke us up. All the debt is in my name. I am ready to just divorce. I want nothing from her financially. She does not return my calls, but can still contact me (and does so when she needs help from me). Can I file for divorce on my own? She says she wants one and said 6 months ago she would get me paperwork (i.e. "take care of it") but does not return my calls when I leave VMs about it. I cannot afford a lawyer. Will she need to fill out paperwork for this to go through?

Thanks For Any Help

Yes, you can file pro-se. Here are some links that will help:

Forms and other info- Florida State Courts

Laws in chapter 61 of the statutes- Statutes & Constitution :View Statutes : flsenate.gov

Rules of Civil Procedure at- FLORIDA RULES OF CIVIL PROCEDURE

Florida Family Law Rules at - Florida Family Law Rules