How To Get A Divorce When Spouse Is Missing – Divorce is often one of the most stressful events in a person’s life — especially if you have friends or family who don’t support your decision — and this stress can be exacerbated by children, pets, or other contentious issues. Related, such as a house or vehicle. But you have to do what’s best for you, and sometimes that means moving on from a failed marriage.

“Divorce is not such a tragedy. A tragedy: Living in an unhappy marriage teaches children wrong things about love. And no one has died after divorce.” — Jennifer Weiner

How To Get A Divorce When Spouse Is Missing

How To Get A Divorce When Spouse Is Missing

This guide to filing for divorce in Florida (including step-by-step diagrams) will answer your questions about divorce in Florida, help you decide what type of divorce you want to file, and help you take the steps you need to legally end your marriage. If you have any further questions about filing for divorce in Florida or would like to speak with a divorce attorney about your case, call us at 386-222-6677.

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Divorce is the legal termination of a marriage through the courts – in other words, it is a divorce.

If you are filing for divorce in Florida, you will see it referred to as an “annulment” or “annulment of marriage” on your legal forms. Like many other states, Florida has eliminated fault as a ground for divorce, which means you don’t have to prove that your spouse did something that led to the divorce.

However, courts often consider infidelity, cruelty, and other wrongdoing when determining the details of your divorce, such as:

Remember as you go through the divorce process that the parties, facts, and circumstances of each divorce are unique, so even if you know the person you are divorcing, there is no guarantee that you will know. . Same results.

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Separation or divorce will result in legal decisions on many issues related to your marriage, including:

If you’re concerned about child support, you can check out our child support calculator to get a free estimate of the amount of child support you may be eligible to receive — or pay — under Florida.

To file for divorce in Florida, you must prove that a marriage exists between you and your spouse, that at least one of you has been a Florida resident for at least 6 months, and that your marriage is “unreasonably broken.” (If your spouse has been mentally retarded for three years, the state will consider that grounds for divorce.) From there, you can file for a simple or regular divorce.

How To Get A Divorce When Spouse Is Missing

There are some important differences between a simple divorce and a regular divorce, which you can read about below. However, it is especially important to note the following differences:

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Depending on the circumstances surrounding your marriage and pending divorce, you may be able to obtain a simple (uncontested) divorce. To proceed with a simple divorce, at least one of you must have lived in Florida for at least six months before the divorce and you must both:

The main feature of a simple divorce is consent; The parties must agree to a divorce and petition the state as the “petitioner.” For this reason, you are waiving your right to a hearing and your right to appeal the court’s final decision. An annulment of marriage is simply the most pleasant way to file for divorce in Florida because you and your spouse can dissolve your marriage as amicably as possible.

If you and your spouse cannot (or do not want) to agree on the division of marital assets and joint debts, or if your children are under 18, you will usually face a (contested) divorce.

Do you think you are ready to file for divorce? Here are the steps you must complete to officially dissolve your marriage in the eyes of the State of Florida:

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Reminder: Filing divorce papers with the clerk’s office usually costs a fee. If you cannot pay the fee, you can ask the employee to waive it.

An uncontested divorce is called a “simple” divorce for a reason – the steps are simple, it is easy to divide assets and debts, and it is easy to finalize the divorce.

To file for an uncontested divorce, you and your spouse must complete a simple petition for divorce. You must also complete a marital settlement agreement to record your decisions about the division of marital assets and debts in writing.

How To Get A Divorce When Spouse Is Missing

You must submit the completed and signed petition and marital settlement agreement to the Circuit Court Clerk’s Office. You must collect these documents in the country where you or your spouse resides.

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Shortly after you file your paperwork, you will attend a short hearing together, where the judge will make sure your marriage meets the requirements for a simple divorce, review your paperwork, review the paperwork submitted for your application and sign the final decision. Divorce official.

If the division of your assets and debts is complete, you can walk out of court without any additional divorce liability and start living your new life!

When you and your spouse cannot agree on the terms of your divorce or when minor or dependent children are involved, you may need to file a regular divorce petition.

With a regular petition for marital divorce, one of you will fill out one of three forms — depending on whether you have minor children, dependent children, or property division — and file the petition with the county circuit court clerk’s office. You or your spouse live.

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Have you ever heard someone say they were “served”? When you file for divorce, you must provide your spouse with the divorce application you filed with the clerk. This process is called “servicing” and is often referred to as “servicing” your application. In this step, you will set up a call to the writer.

A Social Security Certificate is required to make it easier for each party to submit financial and employment records without court intervention. The non-military/military affidavit is where you testify as to whether or not the defendant (your spouse) is in the military.

If you have any minor children with your spouse, you must file a UCCJEA affidavit to determine your and your spouse’s custody, time-sharing, or visitation rights after the divorce.

How To Get A Divorce When Spouse Is Missing

This affidavit is required regardless of whether you and your spouse own the property or not. In your Florida family law financial affidavit, you will need to provide the following:

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If your individual gross annual income is less than $50,000, you will file the short form. If the amount is more than $50,000, you will file the long form.

Be sure to include any and all financial information that your spouse or the court needs to know. You will need to submit the required Affidavit of Disclosure of Compliance with your financial disclosure, swearing that you have provided your spouse with all necessary financial documents.

You must complete a marital settlement agreement to cover your children, your spouse’s minor children, dependent children, and/or assets. This move will include child custody, child support, time-sharing, alimony, transfer of property, and more.

The goal of divorce in Florida is to ensure that all of your assets and debts are divided fairly. The court will consider the economic circumstances of you and your spouse and your contributions to the marriage, such as child support and family maintenance.

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While every step of the divorce process is important, this step can be especially important for any spouse dependent on their soon-to-be-married ex. Among the decisions that will be made regarding your divorce is compensation. Also known as “life support,” alimony is a court-ordered form of financial support from one spouse to the other after a divorce.

There are many factors that determine wages in Florida. If you think you may be eligible for a divorce, we recommend that you contact a divorce attorney to ensure you receive the full amount you are entitled to.

Bring all completed divorce papers to the circuit court clerk’s office in the county where you or your spouse lives and file the complaint (and supporting documents) with the clerk.

How To Get A Divorce When Spouse Is Missing

Once the clerk signs the summons, the process server will be able to provide your spouse (now the defendant) with the necessary documents under the state’s divorce laws. Your spouse will have 20 days to respond to the complaint, once it is filed.

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During your divorce hearing, you and your spouse will appear before a judge (or arbitrator, depending on your circumstances). If you do not reach agreement on all issues related to the divorce, the judge can use this hearing to explain the family court procedures and set the next court date.

After the judge signs the final judgment, also known as a final order

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John Pablo

📅 Born: May 15, 1985 📍 Location: New York City 🖋️ Writer | Financial Enthusiast Welcome to my corner of the web! I'm John Pablo—a finance enthusiast and writer passionate about making money matters simple and accessible.

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