Court

How Do I File For Divorce

NEW TAMPA FAMILY LAW ATTORNEYS

How do I file for a divorce in Florida?

The spouse that files for divorce is called the petitioner. The petitioner begins the divorce by filing a petition for dissolution of marriage with the court. Typically, the divorce petition must be filed in the county in which one of parties resides. The petition sets forth relevant facts and makes requests of the court regarding all issues regarding the divorce. It is important that the petition is drafted correctly. Once the other spouse files an answer to the petition, the petition cannot be amended without leave of the court. Drafting a divorce petition can be a complex matter and it is important that you consult an attorney before filing a divorce petition.

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The petition is not the only document that must be provided to the court when filing for divorce. Depending upon the facts and circumstances of the individual case, there are additional documents that must be filed along with the petition or shortly thereafter.

 

Within a few days of filing the petition with the court, the clerk will issue several documents which must be served on the other spouse along with the petition and any other initial documents.

 

Once the other spouse has been served with the documents, he or she has twenty (20) days to file an answer to the petition. If an answer is not filed within the twenty (20) days, the clerk may issue a default.

 

Filing a divorce action in Florida is complicated. There are often multiple issues that must be addressed. It is important to consult a Tampa divorce attorney before filing for divorce.

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