Understanding the Requirements for Divorce Part 3 of 6 | Divorce Attorney Fort Myers/Naples
JURISDICTION: The circuit courts of the State of Florida have exclusive jurisdiction over dissolution of marriage proceedings except in the case of uncontested cases.
VENUE: The proper county to file a dissolution of marriage action is the single county in the State of Florida where both of the parties last lived together with a common intent to be married.
PAPERS TO BE FILED: A copy of the petition for dissolution of the marriage is filed in the courthouse of the appropriate county. In addition, as a separate attachment to the petition, the party is required to provide his or her social security number. A copy of the petition together with a copy of a summons is then served upon the other party to the marriage in the same manner as service of papers in civil actions generally.
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit.
- Affidavit of Corroborating Witness, OR Photocopy of Current Florida Driver’s License, Florida Identification Card, or Voter’s Registration card. (issue date of copied document must be at least six months before date case is actually filed with the clerk of the circuit court).
- Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren). if you and your spouse have reached an agreement on any or all of the issues. Both of you must sign this agreement before a notary public or deputy clerk. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing. DISCLAIMER: we DO NOT represent the other party signing the Marital Settlement Agreement. That party should seek the advice of an attorney before signing any agreement.
- Notice of Social Security Number.
- Family Law Financial Affidavit. This must be filed with the petition if the petitioner seeks to establish child support. Otherwise, it must be filed within 45 days of service of the petition on the respondent.
- Certificate of Compliance with Mandatory Disclosure. This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition, unless you and your spouse have agreed not to exchange these documents.
- Certificate of Completion of Parenting Course. A parenting course must be completed prior to entry of the final judgment. Our office requires that you complete the Parenting course within 45 days of service of the petition on the respondent.
- Parenting Plan. If the parents have reached an agreement, a signed and notarized Parenting Plan should be attached. If the parents have not reached an agreement, a proposed Parenting Plan may be filed.
- Child Support Guidelines Worksheet. If you do not know your spouse’s income, you may file this worksheet after his or her financial affidavit has been served on you.
For more information on filing a Dissolution of Marriage please contact us to schedule your free consultation.
Serving the One
At the Guardian Law Firm, we believe in the sanctity of marriage. It is our goal to provide you with as many resources to help salvage your marriage. If all else fails, we are here to help you facilitate the divorce process to establish long-term stability that minimizes the need for subsequent court action as well as the emotional drain on the parties and families.
We strive to provide the best client service possible in a warm and welcoming environment. To that end, we place a high priority on detail, value, service, and communication, beginning with the initial consultation, and continuing even after the matter is resolved.
We are committed to providing the kind of service and environment that we all want as consumers.
With representation and the right attorneys in their corner, our clients will return to being the productive citizens and family members they have been and wanted to be again.
We truly are here to serve the one.