About Divorce Papers in Florida

There are two different ways to file for divorce in Florida, and, for the most part, they use the same divorce papers as far as titles go. A petition for dissolution of marriage must be filed in either type, but the petition for an uncontested divorce is often much shorter than a petition filed in a contested divorce. Florida divorce requires disclosure of financial information, and these disclosures must also be completed before the court will grant a divorce.

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      Opening a Case
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            When you open a divorce case, you must file a civil cover sheet and a petition for dissolution of marriage, regardless of whether the dissolution is contested or uncontested. The uncontested petition often states that the parties are filing a settlement agreement, that the agreement is incorporated into the petition, and that the parties agree to the terms. The contested petition is a bit more involved. It must touch on all aspects of the marriage, including custody, visitation, alimony, child support, insurance issues and division of assets and liabilities.

            Once the petition has been filed, the clerk issues a summons, which is used to serve the respondent -- your spouse -- with the petition and any other documents you may choose to include in the initial filing. If the matter is uncontested, no summons is required, as the respondent does not need to be served. He signed the agreement, and, depending on which petition you obtain from the clerk, may have signed the petition.

            The respondent, must then file an answer. If the case is uncontested, the answer simply states that the respondent agrees to the terms in the settlement agreement. If one or more allegations are contested, the respondent denies the allegations in his answer, then files a counter petition for dissolution of marriage.
      When Minor Children Are Involved
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            If minor children are involved, you must file a child-support guidelines worksheet and a parenting plan. You must also take the parent course that is required by the State of Florida, then file the certificate of completion of the course. The settlement agreement should contain the custody and visitation as outlined in the parenting plan.
      Discovery
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            Discovery, also referred to as "mandatory disclosure," is required by the state, but if you file an uncontested divorce, you may file a waiver of mandatory disclosure. Waiving mandatory disclosure does not extend to the financial affidavit. Each party must still file and provide the other with a copy of her Florida Family Law Financial Affidavit.

            If, in a contested divorce, one of the parties does not provide discovery, the other may file a request for production. If the other party still does not provide discovery, the requesting person may file a motion with the court to compel the other to provide discovery.
      Additional Requirements
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            Florida has additional requirements. Each party must file a notice of social security number. This form tells the court what his social security number and birth date are, and also provides the court with the minor children's social security numbers, if applicable.

            If you have been a resident of the state for more than six months, but your license does not show it, you must also file an affidavit of corroborating witness. When you get a new license, the printed date, not date of issuance, is on the license. This makes it look like you just moved here. The affidavit of corroborating witness is signed by a person who has lived in the state for more than six months, and who has a license with a date greater than six months.

Tags: titles divorce information disclosures dissolution financial court petition