Getting a Divorce without Going to Court
The Florida Divorce by Mail Option
Getting a divorce without going to Court is yet another option for a divorce that saves you time and money. This is done with a Florida divorce by mail, and is available to you as a Florida resident –regardless of where you live in Florida- when your divorce is an uncontested or no contest divorce.
An uncontested divorce in Florida, also known as a “no contest divorce“, is one in which you and your spouse agree to get the divorce done, signing whatever divorce papers the court will require to get this kind of divorce done.
Florida is a no fault divorce state. What this means is that it doesn’t matter why you or your spouse may want to get a divorce; your marriage is simply “broken” – it isn’t working for one or both of you.
When you know that, it becomes easier to do a divorce if you and your spouse agree to do an uncontested divorce. When people refer to a no contest divorce, they are talking about the same thing as an uncontested divorce. What they are really referring to is the fact that the divorce in Florida will happen.
On the other hand, when people “contest” a divorce in Florida, the only thing they can contest is the division of property or debt, if there is any from the marriage. If there are children, then they may contest how one of the parties wants to divide the children’s time, etc. But the divorce itself -the fact that the marriage is to be dissolved—will happen.
What You Need for an Uncontested Divorce by Mail
To get an uncontested divorce in Florida with no court appearance, you don’t need to have an agreement if there is nothing that needs to be divided between you and your spouse. For example, if you have no property or debt, then you do NOT need an agreement.
But if you have any property or any debt from the marriage, and you both agree what to do with that, then you will need an agreement to show who will be getting what property or who will pay which debt.
Florida divorce with no court appearance gives you two main benefits:
- No need to take time off your busy schedule to attend a court hearing:
This divorce process is one that allows you to get a divorce without either you or your spouse having to go to a court hearing to get a divorce decree. Instead, the final judgment of divorce is mailed.
- Convenient and Efficient: Save Money in Attorneys Fees or Lost Time ($) From Work if you were going to consider doing it yourself through the self-help system.
If you’re thinking of doing your own divorce you will have to use the self-help centers. This may or many not work for you depending on whether you can take the time off from work to get the forms, fill them out correctly, return for your first appointment, and then make sure you get a hearing date. But, with a flat fee, getting a divorce by mail with a lawyer is convenient, easy and with no questions as to whether there is anything missing.
- Use this process if you live anywhere in Florida
Regardless of where you live in Florida, you can get divorced by mail from anywhere in Florida if you and your spouse agree to do so.
You can have an uncontested divorce in Florida in any of the following situations:
- You have no children, no property, and no debt; and
- You have property and/or debt but no children, and have agreed as to what to do with such property or debt.
Will a Florida Divorce by Mail Work for You?
|You and your spouse agree to the divorce||One of you thinks they can stop a divorce|
|Both of you agree to sign papers||One of you doesn't want to sign any papers|
|You are not in a rush and can wait about 30-45 days to get the decree by mail||You want a quicker divorce|
|With or without property.|
If you have property or debt, and have decided what to do with it, I can prepare the agreement for you
|You have property or debt but don't agree who keeps what or who pays for what|
|You don't have children of the marriage||You have children of the marriage (I am not offering this option at this time for the reasons explained on this page)|
|You don't know where your spouse is|
|You live in another country or state, and your spouse doesn't live in Florida|
|You got married in Florida and now live somewhere else, and you think you have to do your divorce in Florida.|
Requirements for a Florida Divorce With No Court Appearance (By Mail):
- ONE of you has lived in Florida for at least 6 months before filing the divorce, AND
- YOU BOTH agree on whatever you have to agree to resolve everything and get it done, AND
- YOU BOTH agree to sign the required documents to get the divorce done by mail.
A Florida Divorce by Mail is NOT for you if:
- You and your spouse have even one thing on which you cannot agree, then you will not be able to get divorced without first going to a court hearing, OR
- If your spouse doesn’t even know that you want a divorce, OR
- If you want a divorce but you don’t know where your spouse is (a missing spouse divorce).
IMPORTANT: Not all Florida counties offer a divorce by mail. So, your divorce will be filed in one of the counties where a divorce by mail is available. You can have a divorce by mail when there are children, however, I am not offering that option because usually divorces with children will often require one of the parents to go back to court. In such a case, your case should be filed in the county where you are currently residing to avoid headaches for you later.