To apply for an online divorce in Florida you must first agree on all terms of the divorce. In legal terminology, your divorce has to be uncontested so as to file online successfully. An uncontested divorce simply means that you spouse both agree on most aspects of the divorce such as, child custody, spousal support, property & debts, and other issues. Once you have agreed to all terms of the divorce, you can fill out and file the proper forms with the courts in Florida.
In a contested divorce, one or both spouses might try to get a judge to issue a temporary restraining order against the other spouse. This is an order that prevents the other spouse from coming within a certain distance of the victim. This order may be temporary, however, and only effective for six months from the date of separation when one spouse was served with the summons.
Before being granted the temporary restraining order, the plaintiff has to show that it is likely the other spouse will breach the order. To do this, they must file a motion to show that: there has been a history of domestic violence between the victim and the defendant; or the conduct is likely to occur again. If there is evidence that will make these statements, then you must file the appropriate documents with the court. The papers must also include the name, address, and telephone number of each spouse.
There are three types of divorce: uncontested, and contested. An uncontested divorce occurs when both parties agree to all terms of the divorce and both sign all the paperwork. Because this type of divorce is generally cheaper to file and can be processed quickly, it is the most popular type of divorce. Once a lawsuit is filed, the plaintiff is responsible for court filing fees and attorney costs unless the court decides otherwise.
Contested divorce requires the presence of two witnesses to sign the petition. If one spouse does not have sufficient residency requirements, the other spouse may be required to file proof of residency. In Florida, proof of residency requires one year of residence in the county where the case is filed. If a party dies in Florida while a divorce proceeding is pending, his/her estate will be distributed according to the law.
Divorce in Florida is a complex matter. It is best to hire a qualified lawyer who is experienced in this area. Hiring a lawyer is the best way to ensure that your rights are protected throughout the entire process. Florida has some of the strictest divorce laws in the country. Because of this, you should take the time to find a good Tampa divorce attorney to represent you when you are ready to file for divorce.