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Filing Divorce in Florida

Filing Divorce in Florida

Who Can File for Florida Divorce or "Dissolution of Marriage"?

In the state of Florida, the law concerning the "dissolution of marriage" is one of "no fault," which means that the cause of the divorce doesn't matter to the courts. The only basis that is required to file for divorce is "that the marriage is irretrievably broken" and that at least one of the parties is a Florida resident. To meet the residency requirement, one of the parties must have continuously resided in Florida for six months prior to filing, and you must prove this in court with a driver's license or residency witness. If you have not been a Florida resident for more than 6 months, you may not file for divorce in the state of Florida — unless there are specific emergency reasons for the court allowing jurisdiction to be in this state.

Do You Need an Attorney to File for Divorce in Florida?

Many people think that because they can get the paperwork online or from the County Clerk, they can go through the dissolution of marriage process by themselves. This is a mistake. If you have children, or shared property or any assets whatsoever, it is crucial that you have a lawyer to work with you, to make sure the paperwork is correct, and to make sure that your rights are upheld. Leesburg divorce lawyer Jody L. Fisher will work hard to make sure that you receive your fair share, and don't get taken for a ride by your soon to be ex-spouse.

When you do "file" for divorce, a legal pleading called a "petition for dissolution of marriage" will be prepared, signed by you and your lawyer, and then filed with the Clerk of the Circuit Court. The Clerk then places the petition in a folder and assigns a case number, so that the term "filing" for divorce actually involves placing the petition in a file at the court house. Having a lawyer on hand to ensure that the paperwork is filed correctly and is being processed expediently can prevent delays or even dismissals. Too many people who have done the paperwork themselves discover too late that their paperwork was incorrectly done, or filed wrong, and find that they have to begin again. This can be a nightmare if one of the spouses is uncooperative, and can make your desire to begin your life fresh seem like a far-off dream.

Contact Lake County Divorce Attorney Jody L. Fisher Today

If you are contemplating divorce, call Attorney Jody L. Fisher at her office in Lake County, Florida, at 352-241-0391, email info@attorney-fisher.com, or complete our online information form. Our law firm serves central Florida, including Leesburg and The Villages.

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