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It's Over Easy Florida Online Uncontested Divorce

Services What You Get Cost
AttorneysHigh conflict done-for-you service$15,000 +
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Online CompetitorsDo-it-yourself divorce form filler services~$150
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How Divorce Works In Florida

Florida is a “no-fault” divorce state, which means that Florida law treats both parties equally regardless of any wrongdoing on the part of one spouse. One spouse can unilaterally procure a divorce decree even if the other party does not wish to end the marriage, but the divorcing couple must be in agreement if they want to undergo a simplified divorce, which is a much easier, faster, and less expensive divorce process offered by the Florida court system.

In a contested case, each party will hire a divorce lawyer. In an uncontested divorce case, each spouse can hire a divorce attorney if they want, but they also have the option of saving on attorney fees by filing an online divorce. The role of an uncontested divorce attorney is mostly just educating their client about family law, which is not a necessary expense.

In Florida, the spouse who initiates the divorce proceedings is called the “petitioner,” and the other spouse is called the respondent. There is no benefit or advantage to either of these roles. The only difference is that the petitioner and respondent are responsible for filing slightly different divorce papers (the petitioner files the petition, and the respondent files the response). Both parties will be treated equally by the court.

Florida is an Equitable Distribution State

Florida family law follows an equitable distribution model of splitting up marital debt and assets. This means that the court begins with a presumption of a 50/50 split, but then makes a decision based on fairness. The court will look at factors such as who was the primary earner in the marriage, the health and education of both parties, and which spouse will have primary custody of any children of the marriage. Both spouses will usually be required to fill out a Family Law Financial Affidavit. In general, only marital property will be split up -- the parties keep anything that they owned before the marriage. Divorcing couples can also develop their own marital settlement agreement, in which they decide how their marital assets will be divided, with Florida family law serving as a guide. A divorce settlement will be accepted by the court as long as it appears fairly negotiated.

Florida Residency Requirements

  • Under Florida law, the petitioner has to have lived in Florida for at least six months in order for the state court system to dissolve their marriage.

  • Florida residents can prove that they meet this requirement either by presenting Florida-issued identification or by providing the court with a witness. This person must be willing to testify or sign an affidavit indicating that the petitioner's spouse has been a Florida resident for the required time period. 

Florida's "Cooling Off" Period

Florida divorce law requires that at least 20 days pass between the filing of the divorce petition and the issuing of a final judgement. This “cooling off” period represents the absolute minimum amount of time that it can take to end a marriage under the law. In practice, even uncontested divorce proceedings tend to take a few weeks from the date the petition is filed to the date that the court issues a final judgement. Contested divorce of course takes longer.

Florida Child Custody

There are two kinds of child custody -- physical and legal. Physical custody deals with where the child is living and which parent is responsible for his or her day-to-day care. Legal custody deals with how important decisions are made for the child regarding topics like healthcare, religion, and education. Physical and legal custody do not have to be split up the same way; parents can choose an arrangement that works for their family. Florida law presumes that the custody of any children of the marriage will be split 50/50, but courts make other arrangements when it’s appropriate.

Florida Co-Parenting

For couples with kids, one of the most important aspects of negotiating a marital settlement agreement is developing a parenting plan. This plan will outline whether custody and parenting time will be shared equally or one parent will be the child’s primary caregiver. You can visit www.custodyexchange.com for examples of common co-parenting schedules.

Florida Filing Fees

The Florida court system charges $408 for a basic divorce filing. There are additional fees associated with alimony, child support and custody, and divorce modifications. If you or your spouse cannot afford the fee, you may be eligible for a fee waiver.

Complete the FloridaApplication for Determination of Civil Indigent Status to request a fee waiver.

WHAT YOU NEED TO KNOW

Florida Divorce & Coronavirus

Florida courts are currently operational, although some “non-essential” services are being conducted via videoconference. Emergency response and social distancing protocols vary by county, so visits your local court’s website for more information. There may also be court delays associated with the current public health crisis. If you opt for an online divorce with It’s Over Easy, your divorce will most likely be unaffected by COVID-19.

Florida State Courts

https://www.flcourts.org/

Florida Court Contact Information

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