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Can You Get an Online Divorce in Florida?

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What is online divorce in Florida? If you live in Florida and are ready to end your marriage, there are several methods available to you. One of the easiest options is to file for an online divorce. Florida has an online alternative to traditional divorce proceedings, and it’s simpler than trying to fill out paperwork on your own.

Getting Divorced in Florida

In Florida, divorce is known as a ‘dissolution of marriage’. The state does not have ‘fault’ as a requirement for divorce. While fault can be cited as a reason for divorce, the marriage must only be “irretrievably broken.” This means that the marriage is beyond repair and neither party blames each other or any wrongdoing for the breakdown.

There are several different options for filing for divorce in Florida, including:

1. Simplified Dissolution of Marriage

Couples may get a divorce in Florida online with the simplified dissolution of marriage process. This option is the least complicated and is available for couples who are getting an “uncontested” divorce. For an uncontested divorce, the parties agree to the terms of the divorce, there are no minor children involved, neither party is pregnant, and neither party is asking for alimony (spousal support). Using this simplified method will also eliminate the right to a trial or appeal.

2. Dissolution of Marriage With Dependent or Minor Children

This option for online divorce in Florida may be used when you and your spouse have minor or dependent children, or one of the spouses is pregnant. This option requires a couple to complete a parenting course before the divorce will be finalized by the court.

3. Dissolution of Marriage With Property but No Dependent or Minor Children

If you and your spouse have no minor children and neither of you is pregnant, but you have marital property or assets, you can file for a Florida online divorce using this option. You should not use this option if you or your spouse is asking for alimony, you disagree about your property assets, or you want to reserve your right to appeal the court’s decision.

4. Dissolution of Marriage With No Dependent or Minor Children or Property

When you and your spouse have no marital property or minor children, neither spouse is pregnant, and neither spouse is seeking alimony, you can use this option to dissolve your marriage.

How Does Online Divorce in Florida Work?

Going online to get divorced is simple. You will use the same forms that you would in a traditional divorce. However, there is a major caveat to online divorce. Florida does not allow online divorce if either spouse is seeking alimony, or if either spouse wants to appeal the decision at a later date.

So in Florida, divorce online works best for uncontested divorces. An uncontested divorce is one where the parties agree on all issues, including division of property. If a couple disagrees on issues, they have a “contested” divorce and need the court to make a determination on some (or all) terms of the divorce. In those situations, couples can’t file for divorce online in Florida.

If you can file online, a great way to get an internet divorce is to use a site that prepares your divorce papers, reviews the documents, and files court paperwork virtually on your behalf.

As with traditional divorce, your online documents will need to be notarized for the court to review your divorce request.

Are Online Divorces Legal?

In Florida, divorce online is legal as long as certain state requirements are met. For example, Florida requires at least one spouse to reside in the state for at least six months before filing for divorce. And, as long as you or your spouse file for divorce in the county where you live, you may do so online.

Do You Have to Go to Court?

You won’t have to appear in court for a trial if you file for divorce online. Because an online divorce must be uncontested, you and your spouse will not need to have a judge make a determination about the terms of the divorce.

Unfortunately, online divorce will not let you off the hook from going to court altogether. After your divorce paperwork is electronically filed, you and your spouse will have to appear before the court at a final hearing. At this hearing, the judge will go over your divorce paperwork and potentially ask questions to make sure you and your spouse understand and agree to the terms of the divorce. If the judge finds everything in order, they will issue a final judgment of your dissolution of marriage and you will be officially divorced.

Advantages of Online Divorce

Some of the benefits of getting an uncontested, internet divorce include:

  • You don’t need an attorney. To get divorced online, you can use a third-party site to help you fill out the necessary paperwork instead of hiring a lawyer
  • It’s faster than a traditional divorce. Under Florida law, you are only required to wait at least 20 days from filing the paperwork to finalize your divorce, and you could potentially be divorced in as little as one month
  • It saves money. Since you don’t need to hire a lawyer, there are no expensive attorney fees to pay

How Much Does an Online Divorce Cost?

Getting a contested divorce is always more expensive than an uncontested one. Recently, the average divorce in Florida was estimated to cost $13,500 without children and $20,300 with children.

Luckily, the option of online divorce is much cheaper and will usually cost less than $2,500, including a fee for a third-party site and filing fees for court. You will need to check with your county to find out how much the filing fees are.

Need Help Getting Started?

Deciding to get divorced is hard, but the easiest way might be online divorce. Florida residents can consider using a service to help make the process easier. Find out more and get help with your online divorce here.

Disclaimer

This article contains general legal information but does not constitute professional legal advice for your particular situation. The Law Dictionary is not a law firm, and this page does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

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