Divorce with Children Process in Florida
Here is our process for a Divorce with Children in Detail. There are three options for filing for this type of process and it will depend on your own circumstances.
Our process is as follows:
- Submit a client intake form to our office divorce-with-children
- We will prepare the forms based on one of the options below in 24-48 hours and email them to you for review
- Once review we facilitate the notarizations if you are located in Miami, Tampa, Broward.
- We will efile the signed forms. The remainder of our fee is due at this time.
- We will facilitate efiling of any additional forms or documents until the case is final.
Option 1 – In Mutual Agreement
No Court Divorce
If both of you have been separated for quite some time and you feel things are pretty stable this is a great option.
For a divorce without a court hearing (no-court divorce) the case will be filed in Lee County. It does not matter if you never lived there as long as one of you have lived in the State of Florida for the last 6 months.
This county makes the process very easy and accommodating for anyone filing for divorce.
Once efiled the judge reviews the documents and mails the final judgement to you and your ex along with a copy of the parenting plan and marital settlement agreement typically within 45 days.
If you feel that you want your case to stay local in case something on the agreement changes in the future then the case will be e-filed in your local courthouse and a final hearing will be requested.
Option 2 – Divorce by Summons
This is required when your ex won’t cooperate with the process. After the forms are e-filed we submit the case to the local sheriff to get your ex served the divorce documents. Once served he/she will have 20 calendar days to respond in writing to the court.
When the time period expires we submit the final paperwork to get the hearing scheduled. Most of these divorces are referred to court mandated mediation prior to a final hearing being scheduled.
Option 3 – By Publication
This process is followed when the whereabouts of your ex are not known. The court submits an article on a local newspaper and runs it for 30 calendar days. Once it expires the proof is submitted to the court and the rest of the required documents are filed in order to obtain a hearing.
- Court filing fee waiver – Many of our clients do not have to pay the court filing fee. If the affidavit of indigent status is approved our client typically does not have to pay any other fees.
- Parenting Class – You will be expected to submit a certificate of a 4 hour parenting class. Most jurisdictions allows the class to be taken online.
- Once you get the divorce documents from me please review the documents for accuracy and if there are more things to consider as part of the parenting plan such as national and international travel, frequency of communications with the children, etc. Let me know your decisions on any of them and I will incorporate them in the paperwork.
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