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filing papers myself, need help???

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H

hmock2000

Guest
What is the name of your state? Florida------i am doing my divorce papers myself---what if my husband wont sign them?
 


usmcfamily

Senior Member
What type of divorce are you petitioning for? (that will have a lot to do with the process.......) A "summary Dissolution" is typically the fastest and easiest of all to process but you have to meet certain criteria to qualify :
Be married less than 10 years
Have no children born of the marriage and not be pregnant at the time of the divorce
Own no "real" property jointly (ie houses, etc)
Have a debt not exceeding x amount of $ (in our case it was a $25K limint).

In this process I filled out the papers and filed the original set - they had him served and filed my proof of service document....there was a 90 day waiting period during which he could have contested the divorce (had he contested we would have had to have a hearing, etc)......he did NOT contest it so at the end of 90 days I filed my final motion for an order of divorce - the judge signed it and I was divorced. I never once had to appear in court or see the judge who signed the papers.....it was all a matter of me going to the clerk's office to file the papers at the appropriate times......and paying the $275 filing fee.........

The courts won't force you to remain legally married to someone - if he contests your petition there will be a hearing......depending on what the judge thinks after the hearing (at which you make your case for NOT wanting to be married) he may either grant the divorce then or order counseling to explore saving the marriage with a return court date at which he will hear from the counselor, etc......re-evaluate the situation and if you are still determined to divorce grant it then. This process also depends on the reasons you are going to cite in your petition..........your best bet is a consultation with an attorney ( most offer free initial consultations) where you can lay out the basic facts and be told at least a general idea of what to expect....then you can do it on your own if you are still comfortable with the process
 

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