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How to Represent Yourself At a Divorce Trial In the State of Florida

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    Uncontested Divorce -- both parties filing together and agree to all terms and conditions - no children involved.

    • 1). Submit a Petition for Simplified Dissolution of Marriage -- Form 12.901(a) -- to clerk of the court bearing both signatures and notarized, requesting that the marriage be dissolved.

    • 2). Provide the court with financial affidavits from both parties -- Form 12.902 (b) or (c) -- showing all income and monthly payments, along with Form 12.902 (j), proving that each divorcing party has a valid Social Security number.

    • 3). Sign a Marital Settle Agreement - Form 12.902 (f1)(f2)(f3) -- explaining to the court how assets, debts, and other jointly held financial obligations will be settled by the two parties.

    Only one spouse filing -- with property but no children

    • 1). Begin the process by filing Form 12.901(b)(2) -- Petition for Dissolution of Marriage with Property but No Dependent or Minor Child -- with the clerk of the court.

    • 2). Deliver notification of the filing to your spouse -- Form 12.913(a). He has 20 days to respond to this notice. This can be done by return receipt certified mail or in person.

    • 3). File Form 12.922 (a) -- Motion for Default -- with the clerk of the court if he does not respond within the 20-day period. Your divorce will be granted by default.

    • 4). File Form 12.923 if your ex responds and agrees to all of the terms set forth in your original petition to serve notice of divorce hearing. You will also have to submit Form 12.901(b)(2) to the clerk of the court, along with an Affidavit of Corroborating Witnesses, financial and Social Security affidavits, certificates of compliance with mandatory disclosure rules and Marital Settlement Agreement for Dissolution of for Dissolution of Marriage with No Dependent or Minor Children.

    • 5). Prepare to go to trial if your ex files a counter-petition or does not agree to any of the terms and conditions in your original petition. You now have a "contested" divorce on your hands.

    Representing yourself in a divorce case when you have children

    • 1). Submit Form 12.901(b)(1) and (b)(3) -- Petition for the Dissolution Of Marriage Involving Dependents or Children -- to the clerk of the court.

    • 2). Provide information about the minor children or dependents with Form 12.902(d) -- Uniform Child Custody Jurisdiction and Enforcement Act Affidavit along with Form 12.902(e) -- Child Support Guidelines Worksheet if child support payments are to be included in the final judgment.

    • 3). Submit a signed Marital Settle Agreement -- Form 12.902 (f)(1). The Marital Settlement Agreement form used when children are involved is different in that it must provide specific information regarding child support, visitation, health care and other details as deemed necessary by the divorcing parties.

    • 4). Include a parenting plan -- Form 12.995(a) detailing information regarding the well-being of dependents and minors, including visitation.

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