Asked and Answered Questions are from our Ask the Members Forum. Answers are provided by consumers, and legal document preparers. None of these answers have been provided by an attorney. The information is not meant to be legal advice, rather a starting point for your research.
DIVORCE BUT LIVE IN SEPARATE COUNTIES ~ (WEST PALM BEACH, FL, US)
I LIVE IN PALM BEACH AND HE LIVES IN BROWARD. I FILED FOR A SIMPLE DIVORCE BUT THE PAPERS HAVE TO BE SERVED TO HIM FROM BROWARD COUNTY. I CALLED BROWARD COUNTY AND THEY SAID THEY WEREN'T SURE WHAT I NEEDED TO DO. CAN I CERTIFY MAIL THEM ??
Answer: The Clerks Must Know What to Do ~ by: FALDP Staff
First of all, no you are not supposed to serve someone in Florida by certified mail. Legal documents must be served by a sheriff or private process server. Your situation is not the least bit unusual, that you live in one county and your soon to be ex lives in another.
I can't fathom how a clerk of court can possibly tell a consumer that they do not know what to do in this situation. Here is your answer - you filed in Palm Beach County, you need to have him served in Broward County - so either a private process server or a Broward County sheriff needs to serve him with the papers. Since your soon to be ex lives in a different county it is your responsibility to forward the papers to the sheriff or process server. It's easy, people do it all the time. So sorry, you got the run around.
Private process servers are sometimes a little quicker and a little easier to deal with. You can find a private here - www.napps.org. Or contact the Civil Process Division of the Broward County Sheriff's Department, however, it may be that the Broward County sheriffs don't serve papers, you'll need to check with them to make sure.
Thanks ~ by: Anonymous
Thank you so much, I'm so glad i could finally receive a straight answer !! Now I can proceed forward with my divorce. Thanks again.
Divorce Document List ~ (Deland)
I'm trying to fill out the forms for myself for a divorce. We have no kids or property to split up but would just like to split up and come to an end of this marriage. Can you provide me with a document list for what I need to file for a divorce? Thank you
Answer: Simple Divorce Documents Brevard keeping settlement and finances private
This is a sample list for dissolution of marriage with no children or property, both parties wishing to keep settlement and financial affairs private for Brevard County
“Petition for Simplified Dissolution of Marriage” (Supreme Court form 12.901(a)
1. Petition for Simplified Dissolution of Marriage 12.901(a)
2. Family Court Cover Sheet Law # 181
3. Notice of Related Cases Law #: 1098
4. Notice of Social Security Number 12.902(j) WIFE
4. Notice of Social Security Number 12.902(j) HUSBAND
5. Husbands Affidavit of Corroborating Witness 12.902(i) (if needed)
6. Vital Statistics Form Law # HRS 513
7. Final Disposition Form Law #161 (Complete as much info as possible)
Answer: The Situation Dictates Which Forms ~ by: FALDP Staff
If both the husband and wife are unable or unwilling to appear at the Final Hearing for Dissolution of Marriage, then the Simplified Dissolution process would not be appropriate. The couple could choose Form 12.901(b)(3) instead. Instructions for that form state:
"This form may be used when a husband or wife is filing for a dissolution of marriage, and the husband and wife have no marital assets and/or marital liabilities and they do not have any dependent children nor is the wife is now pregnant. You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida. If you and your spouse agree on all issues and both can attend the hearing, you may want to file a petition for simplified dissolution of marriage, Florida Family Law Rules of Procedure Form 12.901(a).
Divorcing someone incarcerated - (Hollywood)
I'm married to a man who is in prison for the next 10 years of his life. We're over with -- I can't be with someone in prison. I want to get a divorce but I don't know how to get started with him in that situation. Can you assist me?
Answer: He will need to be served in prison
We suggest to contact the correctional facility ahead of time and find out exactly how they will accept service. The Service of Process to an inmate is nearly the same as having anyone else served, but each prison has their own rules. Likewise, each prison makes some kind of mechanism for an inmate to be able to have documents notarized.
My wife is pregnant and I want a divorce ~ by Not Mine
I guess that sounds bad at first, but she's not pregnant with my child. See, that's why I want a divorce. The forms I have say, already printed on them that she isn't pregnant, but she is. I don't know what to do. I can't afford a lawyer.
Answer: Dear Not Mine,
This is a problem with Florida's one size fits all pro se forms. I spoke with a man in a similar situation and he told me that the court clerk told him he had to use the form for dissolution of marriage with children even though the baby is not his. That form provides a paragraph where you can make it clear that the child was not born of the marriage. You may need to consult with an attorney to make sure you are going about this correctly.
Divorce forms ~ (Broward County, Florida)
I'm living in Broward county Florida right now and I need to get a divorce involving three children. My wife and I can't come to agreements on anything so we are just going to end the marriage. Where can I find the forms I need to file in the family courts for my county? Can you tell me where I can download them for free?
I found the forms for free on the Florida Supreme Court's site, www.flcourts.org, you have to dig through there to find the ones you need. The easiest thing to do is find your petition -- you know which one that is I guess. Sounds like the form for divorce with children. Then after you find that one, read the instructions and it should tell you the other forms you need.
I'm not in Broward County, so I don't know if there are extra forms that you need or not. Or you can always call the court clerk and buy the packet. They also have packets for sale on this site, they're not expensive, like $5 I think.
Serving divorce papers
I only have a cell phone number and a PO Box for my (hopefully soon to be ex). He will not give me a real address to serve him divorce papers, I have asked. He told me to serve myself and mail them to him at the PO BOX.
Is there some other way I can serve him the papers so I can get out of this marriage? We have been living apart for almost two years now, there are no children, and I want nothing from him but the car I drive, and I can not seem to get a divorce!
I have no idea why he is being so uncooperative. Is there any way I can just go ahead and divorce him?
Answer: Constructive Service by: Anonymous
If you know his work address, you can serve him at work. If you don't even have a work address for him the only thing that you can do is to search for him. The process is called a ?Diligent Search and Inquiry?, and there is a form, called an Affidavit of Diligent Search and Inquiry. On the form there are approximately 20 places where you should look for him. Places to search include: hospitals, prisons, checking with relatives, utility companies, the military, etc. If you find a current address for him while you are searching, then you simply abandon your search and serve him at that address. If you go through all or most of the list, and you still cannot find him then you go to the clerk of court with documentation in hand, showing that you have been diligently searching for him. You will also need a form called a Notice of Action. At this point, the clerk of court can help you. What happens next is this: After you have searched, unsuccessfully, you can then serve him through constructive service. Constructive service is the publication or advertisement of a legal intent. In your case the legal intent to divorce your husband.
When is a Florida divorce judgment final? (Destin)
I'm trying to find out if the final hearing date is when the judge signs the divorce decree. I want to remarry real soon after the divorce -- I've been separated for three years and going through the divorce process for one. My final hearing date is November 8, and I'm planning to get married on December 1. When applying for the marriage license is the final hearing date the date I put? Does the judge always sign it right then? And does Florida have any waiting period? Please help!
A Florida divorce is actually completely final 30 days after the judge signs the Final Order of Dissolution. Under certain circumstances a dissolution can be appealed within that 30 day time period. The date of your divorce will be the day the judge signs the order, which might be the day of your final hearing, but it also might not be. The judge might not sign the order that day, he may sign it a few days later. Technically, if an appeal is filed, a remarriage within 30 days of a divorce is not valid. In Simplified Dissolution of Marriage, no appeal is allowed.
According to www.diydivorce.typepad.com/ -
"You filed for divorce, your spouse answered, you went to a final hearing. So when is your divorce 'final?' ...
Even without an appeal, your Final Judgment is not "final" until after that 30 day period has finished. That's why divorce lawyers advise clients not to get remarried during this time. After the 30 days and the time to file the appeal is over, your Final Judgment is really final."
We are not attorneys and do not provide legal advice. This answer is meant to provide general information only. Please do further research or check with an attorney before relying on this information.
Is my live-in girlfriend entitled to alimony? ~ (Tampa)
We've been together for seven years and have a four year old daughter together. We're now in the process of splitting up (her idea, not mine). I know I will be paying child support, and that's fine, but will I have to pay alimony also? She works, but I make more money than she does.
The first time this ever came up as a legal question was the case of the actor, Lee Marvin,- Marvin v. Marvin, 18 Cal.3d 660 (1976) - who after splitting up with his long time live in girlfriend, she sued for "palimony". Among other claims, the girlfriend asserted that she gave up her own career in order to take care of Marvin and become his homemaker. His portion of the agreement was that she was entitled to one half of his income and property that was acquired during the relationship. The girlfriend lost.
This was in California, Florida has no palimony laws, does not recognize common law marriage, and is an "equitable distribution" state -- not a "community property state".
Since you have a child together, you may want to learn about a Petition to Determine Paternity and Related Relief.
Please consult with an attorney to make sure. We are not attorneys and the answer posted here is for your information, and to be used as a starting point for further research.
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