Divorce can be an emotional and challenging process, and divorce in Florida with a child can heighten those emotions.
Child custody, visitation, and support are a few of the major issues that typically arise in a divorce case. Every state’s legal system is different though, which is why understanding Florida’s procedures can help make the process a bit easier.
In the state of Florida, divorce is no-fault, which means that it can be granted as long as one party believes their marriage is over. While a lot of emotional turmoil and wounds can arise throughout the process, the process should be unbiased and focused on the best and most fair outcome for both the child(ren) and the parting spouses.
Is Divorce in Florida with a Child Ever a Simple Process?
Filing for divorce in Florida with a child is never easy, whether or not the divorcing parties are in conflict over custody, alimony, assets, etc. Because divorce can be such a challenging process, hiring a family lawyer is in your best interest.
However, if you choose to file on your own, you should contact the Clerk of Court to determine if they have the appropriate forms and to follow the correct filings process. You will most likely be required to attend an approved parent education and family stabilization class.
Filing for Divorce in Florida With A Child
Dissolution of marriage requires an array of forms to be completed and filed, and when there are dependents or children involved, the amount of paperwork increases to include forms like Uniform Child Custody Jurisdiction and an Enforcement Act affidavit. The following are three common steps to filing for divorce in Florida with a child.
Step 1: Preparing & Filing A Petition
Filing a petition with the circuit court is the first step in any dissolution of marriage, with or without children, and the spouse that files it will be known as the petitioner throughout the case.
Step 2: Completing Additional Paperwork
Once you have filed your dissolution of marriage petition with the circuit court, you will have to complete and file additional paperwork, which may include:
- Financial Affidavit Forms
- Notice of Social Security Number
- Marital Settlement Agreement for Dissolution of Marriage with Minor Child(ren), if there is agreement on all issues–signed and notarized by both parties.
- Summons: Personal Service on an Individual
- Certificate of Service/Return of Service
- Answer or Answer and Counter Petition
- Default, if Respondent fails to file Answer within 20 days of Service.
- Affidavit of Military Service
- Certificate of Compliance with Mandatory Disclosure
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit
- Child Support Guidelines Worksheet
- Parenting Plan, if agreed upon
- Certificate of Completion of Parent Education Class
Step 3: Mediation & Parenting Plans
While the court and mediators evaluate all facets of the case, they will generally try to ensure that regular and ongoing contact with both parents continue. However, issues often arise and having an attorney to help protect your rights as a parent may be the best decision for you.
Hiring an Attorney to Help File for Divorce in Florida With A Child
If you are filing for divorce in Florida, you may have noticed all the technical jargon associated with the forms and paperwork you need to complete. Typically, the process of filing and completing all the paperwork is just too complex for individuals to decode, not to mention all the time that is involved with filing for dissolution of marriage. Even if you are able to file the paperwork by yourself, issues or complications may arise that deviate the process and brings about complications that could be handled by a Florida divorce attorney.
Hiring a divorce attorney to help you file for divorce in Florida with a child is highly beneficial. If you need assistance figuring out where to start or how to file your petition, contact our experienced team at Apfelbaum Law today to learn how we can help you navigate your way through this challenging time.
