Family Law includes a range of issues surrounding the rights and obligations of spouses and children. Yet when many people think of Family Law, they think divorce, for a good reason–an estimated 50% of marriages in the US end in dissolution.

Reyes LegalDoc Prep. & Services. LLC Assists Clients with Contested or Uncontested Divorce

There are two kinds of divorces – contested and uncontested. A contested divorce is one in which the parties cannot agree, either about getting divorced or about the terms of the divorce, such as the division of assets, allocation of debts, alimony, child support, or the custody of children. The process is straightforward, though it may be complicated by the complexity of your financial landscape and ability to work out a parenting plan. We assist our clients through the entire process. Our Family Law Specialists are compassionate and knowledgeable, available by phone and email throughout the entire process to answer questions and keep your divorce moving forward.

There are other Family Law services that Reyes LegalDoc Prep. & Services. LLC provides our clients, including Prenuptial Agreements, Name Changes and Annulments.

(dissolution of marriage)

To file for Divorce in Florida you must meet the following requirements before preparing your documents.

Prove Grounds for Divorce which are:

  1. Irreconcilable Differences or marriage is irretrievably broken.
  2. Mental incapacity of one of the parties for a period of three years.
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Prove Residency:

You or your spouse must have been a resident for at least six (6) months prior to filing for divorce.

Once you have determined you can prove the above requirements, you must determine which divorce petition you need to file. There are several types of petitions:

  1. Simplified Divorce: this is when you and your spouse can sign your documents at the courthouse typically together.
  2. Divorced with no children and no property: like the simplified divorce but this is when one party is unable to sign together or needs the other party served along with other factors.
  3. Divorce with property no children: when you do need to divide property.
  4. Divorce with children and or no property: to settle time-sharing, visitation, child support among other factors are resolved as well.

Once you have determined which case you need, our staff will inform which documents will be needed for your case based on the state form guidelines.

At this point, you will also inform us which county you will be filing in.

In addition, you need to know whether your spouse needs to be served so we can prepare a Summons. For us to prepare a Summons you must inform us of an address he will be served at. A Summons informs the person being served that he/she has 20 days to file a written response to the case filed against him/her.

If you are unable to obtain an address for service, the court will require you to do a diligent search (we can assist you through this procedure as well.)

If your spouse is willing to sign, we can provide you with the forms spouse will need to complete and sign.

Once all documents have been prepared and reviewed, you are ready to sign. All documents unless otherwise stated must be signed in front of a notary (unless you are filing a simplified divorce – a simplified divorce petition should be signed at the courthouse in front of a clerk).

Once signed you may file your originals at the courthouse you have determined holds your jurisdiction. If you need to have your court fees waived or reduced be sure to ask for Application for Determination of Indigent Status to see if the court will approve you for it.

If you both signed the documents, ask the clerk what will be your next step.

If you need to serve your spouse the clerk will sign your Summons and proceed with contacting a sheriff or process server to correctly serve him. Once he/she is served, he/she has 20 days to file a written response.

In the case, he/she fails to do so then you will be notified by the court to file a Motion for Default which we can assist you with. A Motion for Default is basically letting the court know he has not done anything and want to be granted the case through default.

If he/she responds, contact the court and ask them what will be your next step.

Should you have any questions during the process please feel free to contact us.

*If your case involves children, the court will inform you that you must complete a parenting course.

Has your DIY divorce stalled because you have no idea how to do it yourself?

Contact us today and let our dedicated Family Law specialists help you with your Uncontested Divorce.