What Divorce Paperwork to File?
From Pam fromClearwater, Florida, Pinellas County
I am looking to file for divorce but am not sure which paperwork I need to file. I live in Florida and my husband lives in South Carolina. We have been separated for 4 1/2 years and we have an 18 year old son together. My son is living with his dad. This will be an uncontested divorce with no property.
With your specific circumstances you may qualify for what is called a Simplified Dissolution. This will depend mostly on whether your son is still in high school or if he has graduated since he is 18 years old. A Simplified Dissolution can be done when there are no assets or liabilities to be divided, there are no minor children and if both parties attend the final hearing. If you cannot get your Husband to attend the final hearing you will then have to file for a regular Dissolution. This requires a couple more documents to complete the process, but there is no requirement for both spouses to attend a final hearing. Your husband can sign and file what is called an Answer and Waiver.
You can file in the state of Florida as long as one of you has lived here for the last 6 months, which you have, and as the Petitioner you will be able to attend the Hearing to finalize the divorce. Most counties are very similar in the exact documents, but some counties have local forms that are required in addition to the divorce papers required by the state.