Divorce advice!!!!!

[imailin]

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

I just called the Court and they told me that they have a divorce package for $65. Where you represent yourself, no lawers involved. They could not (or did not want to) tell me how long it usually takes to get divorce this way. Does anyone here knows? And how long does it take to get divorce through a paralegal or attorney? Differences between both??? Please help! What is better?


Our divorce is mutual and simple. NO kids, we do not own a house or car. We will split same furiture (old furniture). we both agree on divorce.

Thanks to everyone in advance!!!

 

[LdiJ]

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

I just called the Court and they told me that they have a divorce package for $65. Where you represent yourself, no lawers involved. They could not (or did not want to) tell me how long it usually takes to get divorce this way. Does anyone here knows? And how long does it take to get divorce through a paralegal or attorney? Differences between both??? Please help! What is better?


Our divorce is mutual and simple. NO kids, we do not own a house or car. We will split same furiture (old furniture). we both agree on divorce.

Thanks to everyone in advance!!!

Its sounds to me like you are prime candidates for the divorce "kit". How long it will take will depend on how backed up the courts are in your area.

 

[Silverplum]

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

I just called the Court and they told me that they have a divorce package for $65. Where you represent yourself, no lawers involved. They could not (or did not want to) tell me how long it usually takes to get divorce this way. Does anyone here knows? And how long does it take to get divorce through a paralegal or attorney? Differences between both??? Please help! What is better?


Our divorce is mutual and simple. NO kids, we do not own a house or car. We will split same furiture (old furniture). we both agree on divorce.

Thanks to everyone in advance!!!

Just FYI, regarding your bolded statement above: They CANNOT, by LAW, help you. At all.

So it was "couldn't" tell you.

 

[fre802]

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

I just called the Court and they told me that they have a divorce package for $65. Where you represent yourself, no lawers involved. They could not (or did not want to) tell me how long it usually takes to get divorce this way. Does anyone here knows? And how long does it take to get divorce through a paralegal or attorney? Differences between both??? Please help! What is better?


Our divorce is mutual and simple. NO kids, we do not own a house or car. We will split same furiture (old furniture). we both agree on divorce.

Thanks to everyone in advance!!!

How fast can you type?

Florida code states a minimum of 20 days must elapse between the date of the filing of the original petition and the final decree. But keep in mind; it takes Senior Clerk Fatgrani 20 days to waddle your petition from the front window back to her desk.

But seriously now folks...

Assuming you meet the residency requirements (one of the parties to the marriage must reside 6 months in the state before the filing of the petition), a simple do-it-yourself no-fault uncontested divorce can take as little as four to five weeks if all of the necessary paperwork is completed properly in an expeditious manner.

 

[Gracie3787]

Florida code states a minimum of 20 days must elapse between the date of the filing of the original petition and the final decree.

That is incorrect. Once service of the petition has been made, the respondent has 20 days in which to file an answer. If, an answer is filed right away, it just means that a court date can be set. And that is only in the counties that do not require mediation before a final hearing can be set. I don't think there is any county in Fl where a final decree can be issued in 20 days simply because all courts are very busy.

 

[fre802]

Uncontested divorce /w no children, Gracie. There are no issues to be resolved in court and nothing to be mediated. I did not say the divorce is granted in 20 days, I said that's the minimum time allowed by law. The actual time depends on the parties getting all their paperwork filed asap and nothing has to be redone. I personally know of one do-it-yourself by laypersons that took only 30 days. 4-5 weeks is a common estimate.

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; CUSTODY
61.19 Entry of judgment of dissolution of marriage, delay period.--No final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage; but the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date.

History.--s. 1, ch. 57-258; s. 1, ch. 59-64; s. 1, ch. 61-123; s. 16, ch. 67-254; s. 20, ch. 71-241.

Note.--Former s. 65.20.


P.S.
With the Forida simplified dissolution (uncontested divorce, no children) the husband and wife jointly file a petition, along with their financial affidavits and a settlement agreement which divides up all assets. (no service of petition and response!) The parties exchange financial affidavits and agree not to pursue additional discovery concerning each other’s finances. Both parties also agree not to seek alimony and waive their right to a trial or appeal.

 

[imailin]

Uncontested divorce /w no children, Gracie. There are no issues to be resolved in court and nothing to be mediated. I did not say the divorce is granted in 20 days, I said that's the minimum time allowed by law. The actual time depends on the parties getting all their paperwork filed asap and nothing has to be redone. I personally know of one do-it-yourself by laypersons that took only 30 days. 4-5 weeks is a common estimate.

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; CUSTODY
61.19 Entry of judgment of dissolution of marriage, delay period.--No final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage; but the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date.

History.--s. 1, ch. 57-258; s. 1, ch. 59-64; s. 1, ch. 61-123; s. 16, ch. 67-254; s. 20, ch. 71-241.

Note.--Former s. 65.20.


P.S.
With the Forida simplified dissolution (uncontested divorce, no children) the husband and wife jointly file a petition, along with their financial affidavits and a settlement agreement which divides up all assets. (no service of petition and response!) The parties exchange financial affidavits and agree not to pursue additional discovery concerning each other’s finances. Both parties also agree not to seek alimony and waive their right to a trial or appeal.

Thanks guys for your help/// but I have another question and problem,,,, is that my husband is willing to divorce but he refuses to go to court!!!! how can I divorce without him having to ho to court?

 

[fre802]

my husband is willing to divorce but he refuses to go to court!!!! how can I divorce without him having to ho to court?

Then you definitely want to do the simplified dissolution. The only court appearance is where the judge issues the final decree, and if your spouse files an Answer and Waiver of Notice and Hearing then you can go alone.

 

[imailin]

Then you definitely want to do the simplified dissolution. The only court appearance is where the judge issues the final decree, and if your spouse files an Answer and Waiver of Notice and Hearing then you can go alone.

Sorry for my ignorance in this matter, but where I can find that waver? The court will give it to me if I asked for it? Or the lawyer will?

Thanks!!!!

 

[LdiJ]

Sorry for my ignorance in this matter, but where I can find that waver? The court will give it to me if I asked for it? Or the lawyer will?

Thanks!!!!

The divorce kit will have everything in it that you need. However, you really might consider hiring an attorney.