One Day Florida Divorce

One Day Florida Divorce

Posted in Florida Family Law on October 24, 2018

Same Day Florida Divorce?

Yes, it is possible to get divorced the same day your case is filed!  Here are the requirements:

  • Both parties must agree on all issues (cannot be any claims for alimony) and execute all documents we prepare;
  • There are no children born of the marriage (i.e., a product of you and your spouse) or during the marriage (i.e., wife cannot have given birth to a child during the marriage) and wife is not pregnant;
  • You and your spouse must both have current Florida photo identification; and
  • You and spouse MUST both go to the courthouse before 2:30 p.m., on the day you want to get divorced.

If you meet the requirements, we can get you divorced the same day we file your case.  There is no requirement to do so the same day; in fact, you have 10 days from the day we file your case to go to court and get divorced.

The Process

Here’s how it works:  give us a call, we will take the necessary information from you (name, rank and serial number stuff), prepare all required documents and make arrangements for you to sign them:  most of our clients receive them by email and print, sign, notarize and return by email or fax. You can also go to our Broward County office in Plantation to sign and notarize all required documents.  We will then electronically file your case, give you instructions and send you to the Broward County Courthouse in beautiful downtown Fort Lauderdale.

Once at the courthouse, you will retrieve a copy of the petition or settlement agreement from the family clerk’s office – the case manager and judge will need copies of the filed/stamped documents; you will then be directed to meet with the case manager on the 19th floor of the new Broward County Courthouse who will review your paperwork to make sure it is in order – it will be.  Once “cleared” by the case manager, you will be taken to see the judge (sort of like going to see the Wizard of Oz).

The judge will ask you and your spouse the following questions:  (1) name; (2) how long have you lived in Florida (one party must have resided in Florida for at least 6 months prior to filing petition); (3) did you and spouse enter marital settlement agreement resolving all property/debt issues; (4) is wife pregnant; (4) is marriage irretrievable broken; (5) do you want to be divorce; and (6) does wife want maiden name restored?  If judge satisfied with paperwork and answers, your final judgment of divorce will be signed, and you will be divorced.

Good news:  any Florida resident can take advantage of same day divorce process – a simplified divorce. Again, though only one party needs to be resident, Broward County requires both parties to have valid Florida photo identification.

Bad News:  Process only available in Broward County at this time.  Also, bit of confusion at clerk’s office about couple legal issues: (1) Parties are allowed to file case in any county they so desire if they agree; (2) Only one-party needs to be Florida resident to get divorced in Florida, but clerk requires both parties to bring Florida photo identification; (3) no requirement for financial affidavits in simplified divorce, but clerk may require.  So, until Broward clerk irons out some of these logistical issues, if you are coming from outside Broward, the clerk may be a bit “touchy” about processing. However, Broward County family law judges are outstanding and will follow the law.

More good news:  We can file any day, and you can go to Broward County Courthouse any time within 10 days of filing to finish the process.

Remember, “When it’s time to leave, Call Steve”   877-348-3354

 

 

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