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How to File for Divorce

Posted by Michael G. Butash | Aug 11, 2017 | 0 Comments

Divorce can be a hard and challenging obstacle for anyone. It can be hard dealing with friends and family during this time, but it especially challenging dealing with all the legality stipulations set up by the courts to file for divorce. Lutz residents can take it slow, one step at a time, in order to reduce stress and headaches!

First, you want to make sure you are filing the right forms for your divorce or dissolution of marriage, as it is called in Florida, in the correct circuit. You should file for divorce in the county where you live, and you must have been a resident of that county for at least six months prior to filing for divorce.Lutz residents need to be aware that the first form to complete when filing for divorce is the Petition for dissolution of marriage. The spouse filing for divorce is the “petitioner,” and the other spouse is the “respondent.”

In order to receive a divorce in Florida, you only need to show that the marriage is irretrievably broken or that one of the spouses has been mentally incapacitated for three years. The court can still consider fault, such as infidelity or cruel treatment, when deciding alimony, property division, or child custody.

You have to give your spouse a copy of your filed petition for dissolution of marriage; this is called serving your petition. There are a number of ways to serve your spouse with your petition.
If your spouse agrees, your spouse or your spouse's attorney can simply accept service. Your spouse should complete a form you can find at your county clerk's office called an answer and waiver of service. This form must be signed and notarized to legitimize the divorce. Lutz residents find agreeing on terms to be the hardest part of their divorce.

*Disclaimer: The views expressed here are those of the authors and do not necessarily represent or reflect the views of Butash Law Group*

About the Author

Michael G. Butash

Michael G. Butash Stetson University College of Law Florida State University Former State Prosecutor Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit (Pinellas/...

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