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Divorce with colorado common law marriage

by David
(Sarasota)

I am looking for help in determining if I can file for a divorce in Florida. I lived with a woman in colorado for over 2 years, we filed married joint tax returns both state and federal, we had insurances as married, car, home and some medical. We had a joint business account and owned a business together. We were going to have a formal ceremony when we to Arizona but we moved to Florida instead because her brother was sick. We have since separated.

I am 62 she is 59. She has a house in Colorado that I spent many tens of thousands of dollars on and two years worth of work. that is the only item that might be a problem. Everything else is separated.

It appears from the attorneys I talked to in Colorado that we would be considered married there but how about Florida and if not then I have to file in Colorado which will require a lot more work and expense.

How does Florida decide if we are or not without a long drawn out case?

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Addendum to No common law marriage in Florida
by: Judith Byrd

According to the 2015 Florida Statutes :
741.211 Common-law marriages void.—No common-law marriage entered into after January 1, 1968, shall be valid

common law marriage
by: Judith Byrd

Florida does not recognize common law relationships as marriage. Had you been married, filing for divorce in Florida requires that the filer be a resident of the State for at least 6 months prior to filing. This has to be verified.

Common law marriage in Florida
by: FALDP Staff

Dear David,

In general, Florida does not recognize common law marriage. However, if a couple is already in a common law marriage and moves to Florida from another state, then Florida will recognize them as married.

You may want to seek legal advice to make sure. We found some reference to common law marriage and Florida on several attorney sites. Here is what attorney, Michael Fender's site states:

http://www.attorneyfender.com


"Common Law Marriage in Orlando, Florida


What is common law marriage, and does that work in Florida?

In some states, if you live together for a certain amount of time, and hold yourself out as married, you can be legally considered married, without a marriage license or ceremony. Currently, only ten (10) states recognize this theory: Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, Pennsylvania and Texas, and Washington D.C. Florida is not on this list. However, if you are previously considered married in one of these common law states, and later move to Florida, Florida will recognize the previous common law marriage".


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Divorce - Husband incarcerated.

by Melanie
(Panama City)

My husband is currently in prison and he has already filed the divorce papers but has not sent in his indigent form or the documents stating how much money he has received on his books. The court house told me they can't go any further until they receive this information from him. Can I obtain this information myself and turn it in for him or do they have to receive it from him.

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DIVORCE -HUSBAND INCARCERATED
by: Connie Allis

Good morning Melanie,

Why not see if your husband will do a voluntary dismissal, which you get the form from flcourts.org, then you refile using the state approved fl forms on www.flcourts.org. Therefore, you would have more control of the process.

1. download the form, fill it out to to the best of your ability
2. send it to your one day to be ex along with a self addressed envelope.
3. have him sign it and send it to the courts.
4. once the case is closed, fill out the forms and file yourself.

now if your ex doesn't want to do this,
go to flcourts.com and download the financial affidavit, and the application of indigent status, and send them to him to sign along with a self addressed envelope and with the courts address.
If you need any help, please do not hesitate on giving me a call.
Connie Allis
407-488-0197
www.clalgaldocuments.com

Husband Incarcerated
by: Staff, FALDP

Hi Melanie,

Those forms need to come from your husband, because they both must be signed by him. It sounds like the forms that he needs are: the Application for Determination of Indigent Status; and the Florida Financial Affidavit - Short form. Both of these and other family law forms can be downloaded for free from the Florida Supreme Court's site - www.flcourts.org.

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Divorce of a spouse with Mental Health

What is Florida law concerninig divorcing a spouse who has extreme mental health and substance abuse issues?

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Divorcing a mentally ill spouse
by: Lorna

Hi,
Florida is a no fault divorce state, and as such you don't need a reason other than - the bonds of marriage are irretrievably broken - to divorce someone. Divorcing someone with mental health problems, or with substance abuse issues is essentially the same process as any other divorce. You may be thinking of annulment, which dissolves the marriage and states that the marriage was never valid. Here is a link to a Baker County annulment form:

http://208.75.175.18/clerk/forms/annulment.pdf

If you need help with document preparation, please contact us at your convenience - 800-515-0496.

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Separating in Florida


(Cocoa Beach)

I need to split with the mother of my child. She is out of control on drugs and intense partying and drinking. She is unfit to be a mother. I would like to terminate her parental rights and take custody of my daughter, but I don't know how to start the process. What should I do?

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Unwed parents separating
by: Lorna

Dear Cocoa,

I'm not an attorney, so please do not consider this as legal advice. Continue to do your own research, and consult with an attorney if you are not satisfied with the information you find on your own. It sounds to me like you need to file a Petition to Determine Paternity and Related Relief. This petition and process is like a divorce for parents who were never married but have a child together. That form and other family law forms for pro se litigants can be downloaded for free from the Florida Supreme Court's site - www.flcourts.org.

Good Luck!



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So sad its over ...

Me and my old lady are going to get a divorce.  We need to set up a schedule on who gets to have the kids and for how long and about the contact and all that.  Can you help me find the parenting plan form so that I can fill that out and file it? What other forms do I need with it?  I live in Charlotte county Florida so I need forms I can file there. I appreciate the help.

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Sorry to hear it didn't work out
by: FALDP Staff

Dear So Sad,
We're sorry to hear it didn't work out. However, you and your wife are doing the right thing by trying to be adult about the break up.

The form that you are referring to are the Parenting Plans, Florida Supreme Court approved form, 12.995 Forms A - C. You probably need either A or C; 12.995(b) is the Supervised Visitation/ Safety Focused Parenting Plan, and is usually only needed if there is domestic violence in the relationship or if there are substance abuse issues. Form 12.995(a) is appropriate when both parents continue to reside in the same town. And Form 12.995(C) is used when the parents reside more than 50 miles apart.

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Filing Divorce paperwork

If we file an agreement to Waive Mandatory Disclosure, do we still have to file the Financial Affidavit?

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Mandatory Disclosure
by: FALDP Staff

As far as we can determine the only time you can waive the filing or exchange of a Financial Affidavit is if you are using the Simplified Dissolution process.

12.901(a), PETITION FOR SIMPLIFIED DISSOLUTION OF MARRIAGE

( ) Each of us is satisfied with the financial disclosure we received from the other spouse and we waive the filing of financial affidavits.

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Hillsborough County Divorce Filing Pro Se, but husband is Canadian

by Sandy
(Tampa, Fl, USA)

I am capable of filing for Divorce Pre Se in Hillsborough County, and my husband is willing to cooperate 100%. However, in reviewing the documents that are available on the Hillsborough County Court website, I'm not sure what I need to do. My husband is a Canadian Citizen, and has no US Social Security number. Can I still file Pro Se? If so, how do I proceed?

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Canadian Spouse
by: Gary Tinsley

Your spouse does not have to be a US citizen nor even reside in the United States to be able to obtain a divorce. If your husband is willing to sign the necessary documents, then he is submitting himself to the jurisdiction of the court there in Hillsborough County. On the document that asks for his social security number you would indicate that he does not have a US social security number as he is not a citizen of the United States. If I can be of assistance, please call me at 386-383-4595.

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I want a divorce but don't know where he is

by Tikiyah
(Jacksonville fl)

How can i get a divorce without knowing where he is? And no one will help me with no money.

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We Can Help
by: Staff FALDP

Hi Tikiyah,

There are two parts to your question. The first one, the lack of funds to pay someone to help you may be a simple fix. There is a form to fill out, called an "Application for Determination of Civil Indigent Status" which, if you are eligible, will allow the clerks of court to waive your filing fee. So instead of paying the $408 filing fee for a divorce, you only will be required to pay a $25. administrative fee. The form is available on this site, at the clerk of court's office, and online at the Florida Supreme Court's site -- www.flcourts.org.

The second part of your question is how to proceed since you don't know where your husband is. Before filing your divorce documents you must carry out a process called a Diligent Search and Inquiry. You need to make an attempt to find him so that you can have him served. If you cannot find him then the clerks of court can guide you in how to publish your intent to divorce. The form called an "Affidavit of Diligent Search and Inquiry" is available on the Florida Supreme Court's site as are the other family law forms you will need.

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Dissolution

A FL paralegal for Collier County was working on my ex's and my simple dissolution of marriage paperwork. I live out of state and my ex found this paralegal for us. Unknown to me they apparently knew each other and when a 'personal conflict' arose, according to her email, she dropped our case. My ex had already filled out his paperwork and gotten it notarized. I was about to send my reply to the petition, signed and notarized. Now we don't know what to do. The paralegal refuses to give my ex his paperwork. Can we file ourselves? Do we need a new paralegal or attorney to handle things if I am unable to appear in court? Can we file the copies of my ex's paperwork or must it be the originals?

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Dissolution paperwork
by: Staff FALDP

Hi,
First of all, for the record, a paralegal by definition is someone who works for an attorney. So the individual who was assisting with your paperwork must be a Florida legal document preparer. (The terminology is semantics, but important to us for compliance purposes.) You don't say whether the document preparer is a member of our association.

Regardless of whether that document preparer was a member or not, we are here to help. If you have questions about procedure, we can give you information about that. If your husband notarized and filed his documents, it sounds like he received completed documents. Those documents are originals. You can go forward pro se with or without the help of another document preparer. If you feel that you need legal advice, then you need to contact an attorney. Please contact us at your convenience. We will be happy to answer your questions if we can. 800-515-0496.

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Division of Property -- Retirement Annuities

by Larry
(Doral, FL)

What forms are required to prepare Division of Property with regards to retirement annuities? My former wife filed for divorce in 2008 and was granted a divorce in 2009. However, she never agreed to nor did her attorney propose what percentage of my two retirements she would be entitled to. I had an expert attorney in this field prepare the percentage of my military retirement while 2009, but my former wife never responded to this document. I have since made several additional offers based in advice I received from two other attorneys, and still have received no response from my former wife. I would like to get this resolved before I retire in 2013 so I can have some idea of what my net retirement pay will be after my former wife receives her portion of my retirement.

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Division of Property - Retirement Annuities
by: Anonymous

Does your Final Judgment of Dissolution of Marriage address the "equitable distribution" of this asset in any way? If not, did the Final Judgment include a paragraph whereby the Court "reserved jurisdiction' to deal with this issue later? Florida Statutes, Chapter 61, addresses dissolution of marriage, including the equitable distribution of all marital assets and liabilities. See Section 62.075, which states in part that the Court "...in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal ..."

See also, F.S., Section 61.076 Distribution of retirement plans upon dissolution of marriage.—(1) All vested and non-vested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs are marital assets subject to equitable distribution.
(2) If the parties were married for at least 10 years, during which at least one of the parties who was a member of the federal uniformed services performed at least 10 years of creditable service, and if the division of marital property includes a division of uniformed services retired or retainer pay, the final judgment shall include the following:
(a) Sufficient information to identify the member of the uniformed services;
(b) Certification that the Service members Civil Relief Act was observed if the decree was issued while the member was on active duty and was not represented in court;
(c) A specification of the amount of retired or retainer pay to be distributed pursuant to the order, expressed in dollars or as a percentage of the disposable retired or retainer pay.
(3) An order which provides for distribution of retired or retainer pay from the federal uniformed services shall not provide for payment from this source more frequently than monthly and shall not require the payor to vary normal pay and disbursement cycles for retired or retainer pay in order to comply with the order." Some retirement plans require a Qualified Domestic Relations Order (based on the type of plan), and usually, the person who is to receive the funds, once divided, has the obligation to see that the transfer, which may include a QDRO, gets accomplished.

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Divorce

by Diana
(Florida)

How can I obtain and am I entitled to alimony?
My husband deserted me and left our home. He is in a two year relationship with someone and it's time we ended the marriage. How can I make this happen as I don't have the funds that lawyers are asking for upfront. He makes a substantial salary how can I make this happen?

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Divorce
by: Sheila - Fundamental Legal Services, LLC.

You would need to file a Petition for Dissolution of Marriage. In your Petition you would ask for alimony in order for it to be considered. There are different types of alimony such as temporary, bridge-the-gap, lump sum, rehabilitative, durational and permanent. Florida Statutes 61.08 discusses alimony and is a good resource.

If I can be of further assistance please feel free to contact me.

Sheila Crawford
Fundamental Legal Services, LLC
888-225-4092
561-935-8374
www.fundamentallegal.com

You can do this!
by: Christine Marinkovich

A legal document preparer can help you get through the entire process. We are not lawyers and cannot give you legal advice, but we can help you with all the documents and get you legal information. My fees are flat fees and affordable.

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Pro se motion for change of venue for dissolution of marriage? Thanks for your help!

by Shannon

Is there a form for pro se motion for change of venue for dissolution of marriage? If so, how can I obtain it? Thanks for your help!

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Pro Se Motion Form
by: FALDP Staff

Shannon,
You are looking for a Motion Form. We have all purpose fill in the blank pro se motion forms on this site. Go to the link on the left hand navigation column titled: Clerks of Court and civil Forms, and click on the internal link titled Free Forms. To request a change of venue, you need to be able to give a reason for the request. The most common is "inconvenient forum". Look up Florida Statute 47 for further information.

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PETITION TO DETERMINE PATERNITY AND FOR RELATED RELIEF

by VERONICA VASQUEZ
(JACKSONVILLE FLORIDA DUVAL)

I NEED TO ANSWER THE COMPLAINT AND TO BE ABLE TO KEEP MY BABY SO THAT THE FATHER COULD SEE HIM BUT THAT I HAVE FULL CUSTODY OF MY BABY

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Documents for paternity.
by: Christine Marinkovich

Just because you are answering a paternity request does not mean that you will lose your rights to having your child. You can represent yourself and save a lot of money as well.

I can help you with this process including all the legal documents that you will need. Feel free to contact me at (954)734-9560 or you can email me at christinem@dwdignity.com

Christine Marinkovich
Divorce with Dignity - Broward

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Simplified Divorce

by Lirpa
(West Palm Beach, Florida)

I filed notice of trial at Palm Beach County as a petitioner. After that I received a letter from the court asking some more documents like Notice of Trial forms from the respondent. What should I do if ever my ex won't send any papers that the court need to proceed. i am freaking out. I am afraid they will close the case.

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Dissolution of Marriage

by Josie
(Port St. Lucie, Fl)

In a regular dissolution of marriage What happens if the Respondent does not appear?

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dissolution of marriage
by: Connie Allis

Hi Josie,

There are different answers to different scenarios. Was the Respondent served? Did he answer the summons? Did you agree on everything?

You may have to have mediation first and if he does not show up, you can ask the clerk to file for default, especially if he did not respond to the summons. If he responded and everything was agreed upon, you may have a case management hearing if the case has been going on for awhile. If he does not show up, case management will recommend you go to rm 330(orange county) where you started the case and they will check and make sure all forms have been submitted and send the case to the judicial assistant to set a final hearing.

Always check out flcourts.org and call your case manager. She cannot give legal advice, but she can check your case out and see if everything is in order.

I am not an attorney and cannot give legal advice, but I may be able to help you with procedure.
Connie Allis
407-488-0197

Respondent not appearing at divorce hearing
by: Staff FALDP

Josie,
Assuming that the Respondent was properly served and answered your Petition for Dissolution, the judge may be able to rule without him present. If his answer agreed with all terms, then the judge will likely simply grant the divorce as requested. If there are questions that the judge needs more information about, such as his financial information for child support (if there are children); or appropriate distribution of marital assets - the judge may grant the divorce but reserve judgment on those matters. Please do your research - www.flcourts.org . If you have questions regarding procedure we may be able to help, please call 800-515-0496.

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Divorce final hearing in palm beach county florida

by Anna
(Boca Raton, FL Palm Beach County)

Hello, me and my soon to be ex husband filed for simplified dissolution of marriage this past week. He is the petitioner and I am the respondent. He will have to appear to final hearing. I am afraid he won't appear for the hearing in hopes to save the marriage. This scared me a lot. The reason he is the petitioner is because I will be on army active duty basic training starting Jaunary 4th. I will be out of state. I cant appear for final hearing. What can I do to ensure the divorce will be granted? ( if he doesn't show up, refuses to divorce) Thank you, awaiting your reply.

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divorce final hearing in palm beach county fl
by: Connie Allis

Anna,



Would you be able to do a telephonic hearing?



You could try and file a motion for telephonic hearing.



I do not know where you will be stationed and I do not know if it is allowed where you are going.



Uncontested or simplified?
by: Staff FALDP

Hi Anna,
In a Simplified Dissolution both parties must appear for the court hearing. In an uncontested divorce only the petitioner must appear. I wanted to clarify the definitions first. According to your question, it must be an uncontested dissolution that you and your husband filed. If he is the petitioner and neither of you appear, the court may dismiss the petition for dissolution. If the court dismisses, you can re-file as the petitioner. Only one of the parties needs to be a Florida resident to file for a Florida divorce.

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