Divorce

The decision to file for a divorce or the realization that your spouse has filed for a divorce against you can be emotionally devastating. No one should go through this alone. You may have a number of questions. Will you will receive or pay alimony? How much will you pay or receive in child support? Who should have custody of the minor children and what is in their best interest? What is a reasonable visitation schedule? How will you divide property, debts, and retirement plans? Does infidelity affect rights in a divorce? Obviously there are a lot of issues to deal with in a divorce and almost all of them are emotionally charged. Our attorney realizes that you need sound legal advice during a divorce. Do not sign any settlement agreements without first consulting an attorney and understanding your rights.

Court Fees

FAMILY ACTIONS - CIRCUIT COURT

Filing Fees:

Dissolution of Marriage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 408.00

All other Family Actions . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295.00

Modification of Final Judgment/Reopen Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50.00

FILING FOR DIVORCE (Link to D3)

Procedure:

A divorce in Florida can be obtained by filing a Petition for Dissolution of Marriage. However, it is not as simple as it sounds. The Petition for Dissolution of Marriage must also be accompanied by certain forms which are required by the court. Our firm will help you with these forms which include a Financial Affidavit, Notice of Social Security Number, Notice of Compliance With Mandatory Disclosure, Notice of Filing Florida Driver's License, Notice of Related Cases, and a Uniform Child Custody Jurisdiction Enforcement Act Affidavit.

If there are minor children who are common to both parties, the court in Marion County also requires that the parents and the children attend an educational course.

Once the divorce is filed with the court, then the opposing party needs to be notified of the fact that a Petition for Dissolution has been filed against him or her. This is done by serving the other party with the divorce papers. Usually, the local sheriff’s office will serve the papers on the other spouse and file a return of service with the court.

Once served, your spouse will have twenty (20) days to respond. In the event that your spouse does not respond, we may ask the court to enter a default judgment against him or her. The Florida Rules of Procedure require the clerk to file the papers and notify the party that a default judgment has been entered. The party can then take whatever action he or she believes is appropriate. After a default judgment is entered by the court, the matter is simply set for hearing.

If the party served responds to the petition they will do so by filing an answer. In the answer, the responding party will state whether or not he or she admits or denies each part of the petition. Those things that are denied will need to be mediated, agreed to by both parties, or litigated and ultimately decided by the court.

REQUIRED EDUCATIONAL COURSES

Parents:

If you have minor children common to both parties, both parties will have to attend a parenting course. The program focuses on the concerns parents have regarding their decision to divorce and the impact this process will have on their children.

Children:

Children between the ages of 6 and 17 will also have to attend a seminar designed to teach children to learn effective ways to adjust to their parents’ divorce. Topics include communication techniques, divorce, self-esteem building, and understanding new family structures. Children must attend this class in person and the class is only offered once per month.

For easy registration, you can register online at www.educationprograms.com or call 1.800.767.8193 or 239.693.8893.

Pre-register and pay $35.00 at the time of registration or pay $40.00 cash at the door.

Please note the following:

• Picture ID is required at check-in.
• Students who arrive late will NOT be admitted.
• Attendance is required of each parent or guardian. Parents may attend together if they agree there is no injunction for protection on file. Each person must call to register for themselves.
• Step parents, grandparents, and significant others are encouraged to register and attend the class at the same fee as students.
• Certificates of Completion will be given to litigants at the end of the class.
• Children are not permitted in the parents’ class. No Exceptions.
• Spanish workbooks are available.