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Tampa Florida Divorce: FAQ

Posted On: January 28, 2022

This article was written on behalf of Sparkman Law Firm on Friday,  January 28th, 2022

Tampa Florida Divorce AttorneyTampa Florida Divorce

Tampa Florida Divorces are generally much quicker than other states. Given that the average person files for divorce in Hillsborough County, it can take anywhere from 6 months to a year before you are divorced under normal circumstances. These are known as uncontested cases. However, if any motions are filed, or court hearings have occurred then things will likely extend beyond this time frame.

Frequently Asked Questions

Tampa Florida Divorce Question: Do I need my spouse’s consent to file for divorce?

Yes, Florida law requires that you and your spouse both sign off on the dissolution of marriage. Your spouse may sign a Waiver of Service or an Acknowledgement of Paternity form to ease the process. In cases where your spouse does not want to sign these forms, you will have to serve the other party with a summons directly.

What if my spouse is avoiding service?

In some cases, one of the parties involved may attempt to avoid being served with a divorce petition. If this happens, then you can hire a private process server to serve all of the necessary court documents.

Can someone else sign on my behalf?

Only if that party is a legal representative or an attorney who has been appointed by Florida legal action. This is for your protection and may speed up the divorce process so long as you have full trust in these professionals.

When is a divorce final in Florida?

In Florida, a divorce becomes final once the judge signs off on the dissolution of marriage. This takes place during a hearing that you and your spouse must both attend. After this, then it will be considered official by the state of Florida.

What if I am not satisfied with the judge’s ruling?

At this point, you will have 30 days to file an appeal. State laws vary; however, in some cases you may be able to make a motion for the judge to change his or her decision within that time frame. This is always done with legal counsel and must be filed by a specific date that is listed on the court documents.

What if my partner does not want to sign the petition?

You can file a motion for adjudication by publication against your spouse. This will allow you to submit all of the necessary forms without his or her signature. The judge will require proof that you attempted to contact this person and issued legal notifications, such as through a process server or certified mail.

Will my children be included in the divorce?

Generally speaking, child support and custody will not come into play during a Tampa Florida divorce until other issues have been resolved first. These other matters may include but are not limited to alimony, property divisions, and debt compensation. The judge presiding over your case will decide if it is in the best interests of the children to deal with child support and custody issues at this time or later on.

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313 South Bungalow Park Avenue
Tampa,FL33609
Phone
813-374-2000
Fax
813-374-2031