Non response to divorce florida law

Otherwise, the court will assign a time for a hearing.

What to Do If Your Spouse Doesn't Answer the Divorce Petition

Any assets and debts amassed during the marriage, referred to as "marital assets," will be divided "equitably," or fairly, upon divorce. Any assets you had before marriage may be considered "non-marital assets" if they were kept separated from property acquired during the marriage. You and your spouse can each retain your non-marital assets. Judges will divide assets equally, unless there is a basis for unequal distribution.

The judge will consider both you and your spouses economic circumstances and the contributions each of you made to the marriage including care for children and your marital home. If either you or your spouse wants to keep your marital home to live in with a child from the marriage, that may also be a factor for unequal distribution. Alimony is an extension of the obligation for spouses to support each other financially during the marriage.

In divorce laws in Florida, a court can order alimony if it is "well-founded.

Florida Divorce Petition and Responses

If you and your spouse cant come to an agreement on child custody, the court will make a decision based on what is in the "best interests" of the child. Unless there is a reason that it would be detrimental to your childs upbringing, the court will usually grant shared responsibility. Sometimes the court will give one parent responsibility over specific aspects of a childs welfare, such as primary residence, education or medical care.

The court will consider the moral fitness of you and your spouse as parents, your abilities to provide for the child and the preference of the child, among other factors. Divorce laws in Florida include child support guidelines that judges use to figure out the support needed for a child and how much each parent has to pay.

The court looks at both parents incomes and the childs health and child care costs. In the divorce context, if you serve your spouse with a divorce complaint, and it goes unanswered, you can ask a judge to grant your divorce by default. To accomplish this, you'll need to prepare and file an affidavit with the court, to prove that you served the petition, and your spouse failed to respond. Once you show these two things, a judge can issue a default judgment, which may include all of the orders you requested, such as orders for alimony , child support, and property : If your spouse failed to respond to your requests, the judge will have no basis to deny them.

Once the court receives your request for a default, it will set a hearing date. At the hearing, you'll need to present your case. Depending on your state's laws, you'll probably have to let your spouse know about the default hearing. In New Jersey, for example, you have to legally notify your spouse of the hearing date and provide the details of your requests for spousal support alimony , child support, child custody, and marital property. Default or not, a judge is going to expect you to prove your case. Let's say your reason grounds for the divorce is fault based, such as your spouse's physical or mental cruelty.

Florida Divorce FAQs

You'll have to provide at least some evidence to back up your claim. If you can't, the court may not grant the divorce. Before you file your own divorce, make sure you understand the legal process involved. As one of the most stressful events in life, getting a divorce is tough! This already stressful event becomes even worse when there are children involved, property, or other items of contention. Not to mention all the confusing divorce requirements. You may be facing a series of questions without a notion on where to start: What about the children?

What will happen to our home? Right now, you should focus on the next best step for you and your family — starting with our comprehensive guide on how to get a divorce in Florida. As an experienced divorce attorney, I created this article to guide you through to the steps of divorce in Florida and help you understand what to expect. The State of Florida uses the no-fault divorce process where you or your spouse are not required to prove any type of fault. Instead, you only need to show the marriage is irretrievable or your spouse has been mentally incapacitated for three years.

Even so, the court often considers fault, such as cruel treatment or infidelity, when deciding other family law matters, including:. There are two different ways to file for a divorce in Florida: a simplified petition and a traditional petition for dissolution of marriage. Getting a simple divorce in Florida isnt that hard. You and your spouse can only seek a simple dissolution of marriage if:. With a simplified divorce, you and your spouse are essentially both willing to shake hands and walk away.

If You Decide to File a Response (and Have, or Want to Work Out, an Agreement)

This is called a divorce settlement, which presumes both parties are happy with the terms and can be assured of the end of litigation. After the settlement has been reached, you and your spouse will have the agreement memorialized in a way that makes it enforceable and legally binding.

In regular divorce proceedings, each spouse is privy to examine and cross-examine each other. The forms for filing a regular dissolution of marriage include:.

Divorce Laws in Florida | Most Important Things to Know - SmartAsset

The summons is the document the clerk signs to give the process server the ability to service your spouse, who is viewed as the defendant. Service refers to the act of giving a copy of the required papers to the other party through the procedures of the law. In general, there are three different types of service:. In the process of filing for a divorce, Florida law requires you to file the following affidavits:. Florida divorce laws require both parties to complete a financial affidavit within 45 days of your petition being served — even if you and your spouse have no property. The financial affidavit will clearly disclose all assets and liabilities.


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