QUESTION

How do I file an uncontested divorce if I was married 30 plus years ago but have been not legally separated for 15 years?

Asked on Jul 15th, 2015 on Divorce - Florida
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Both parties live in the same state but we were married in another.
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4 ANSWERS

Whether or not your divorce would be uncontested or not will depend upon what kind of response, if any, your spouse files to the action, and what kind of relief, if any, they seek in their filing. There is no such thing as a legal separation in Florida, however, if you were legally separated in another State that recognizes this status, then Florida may generally recognize it too. You would generally want to file an action for dissolution of marriage, serve it on your spouse, and if they are willing to enter into a settlement agreement indicating that there are no issues in dispute between you, there are no minor children, no jointly owned real property, no one is seeking alimony or spousal support, and you have already divided up your personal property, then you can proceed with an uncontested dissolution of marriage. If you can locate them and all of the foregoing is true, then you can jointly file a simplified dissolution of marriage, but you will both have to appear for the final hearing. Consult with an attorney to discuss the specifics of your situation and your options.
Answered on Jul 16th, 2015 at 12:27 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You can find forms for doing this which have been approved by the Supreme Court of our state at flcourts.org. But the best thing to do is for just one of you to hire an attorney who practices family law.
Answered on Jul 16th, 2015 at 10:32 AM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Forget Legal Separation idea, no impact on a Florida DOM. If there is an agreement file an Uncontested Dissolution of Marriage case, if no agreement file a contested action.
Answered on Jul 16th, 2015 at 10:32 AM

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You can file your documents in the Court within the County in which you are a resident. Once you have filed your documents, you must have your spouse properly served. Your spouse then has 20 days to respond. If no response, you can file for a Default Judgement of Dissolution.
Answered on Jul 16th, 2015 at 9:43 AM

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