[FL] What are the next steps to file and serve an uncontested divorce after completing the divorce forms?

Lexi, Chatbot

I'm sorry to hear you're having trouble. Can you please provide more details about your situation? Have you consulted with a lawyer regarding this matter?

Lexi, Chatbot

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TJ, Esq.

Hello and thank you for the opportunity to assist you! My name is TJ, and I am an attorney. How can I help you?

TJ, Esq.

Let’s discuss this in more detail so I can provide a more thorough response. What state are you in, and were you able to file the form with the court yet? Also, how long have you and your spouse lived in that state? Divorce procedures vary by state, so this information will help determine the next steps.

TJ, Esq.

Are you and your spouse in agreement about major issues such as dividing assets and debts, or will this be a contested divorce? Knowing this will help explain how your divorce can proceed in Florida.

TJ, Esq.

After completing the initial divorce petition, the next step is usually to file it with the court. The court will then issue a summons, which—along with the petition—must be formally delivered to your spouse to notify them of the divorce. Once your spouse receives those papers, they will have a specific period of time to file a response with the court. If they fail to respond within that timeframe, you could potentially ask for a default judgment.

Once the petition is filed in Florida, you will need to have the documents served on your spouse. Service can be completed by the county sheriff or a private process server. After service, your spouse has 20 days to file a response with the court.

The easiest way to get the papers to your spouse—especially since you are in agreement—is through formal service. You cannot serve the papers yourself. They must be served by the county sheriff or a private process server (FL Stat § 48.021(1)). Once served, your spouse has 20 days to file a response.

Since you are in agreement, your spouse can also sign documents acknowledging service and agreeing to the terms of the divorce. This can significantly speed up the process. Typically, this is done using a Marital Settlement Agreement, which outlines how assets and debts will be divided.

If your spouse signs the agreement, you can submit it to the court along with the other required divorce paperwork. The judge will review it to ensure it complies with Florida law. If everything is in order, the judge can issue a final judgment without a trial.

If your spouse does not sign, you would proceed with service of process. If they fail to respond within 20 days, you may request a default judgment. This is less common and can complicate things, but it is an available option.

Your next step would be to finalize your agreement in writing through a Marital Settlement Agreement and submit it with the rest of the required forms.