Frequently Asked Questions

What is the difference between a “simple divorce” and a “Florida simplified divorce?”

When looking for information on divorce in Florida, most people will come across the term “simplified divorce” and confuse it with a simple divorce in Florida.

A simplified divorce is what the courts call a divorce where:
both persons sign the petition and
both persons go to court on the date of the hearing, and
• is a simple divorce; and
CANNOT be used if there are minor children of the marriage

A simple divorce, on the other hand, is a divorce in which:
only one person signs the petition (the other one signs a different paper)
only one person goes to court (the other can go if they want to, or not)
• is a simple divorce because both parties agree to the divorce (an also agree on everything else that needs to be agreed to).
CAN be used even if the parties have minor children of the marriage

At MiamiDivorceOnline.com, I do simple and simplified divorces; but most people just have us do the simple divorce because usually the other spouse doesn’t care to go to the final hearing.

Does my spouse have to go to the final divorce hearing?

No.  They can, if they want to; but the only one who needs to go is you if you’re the one filing the divorce paperwork.

Can I change my divorce from uncontested to contested in Miami?

Usually—yes. But it depends on the documents filed and how far along is your divorce in the court system; and you should consult a divorce attorney to help you make that choice. If you’d like to speak with me about this situation,  complete this contact form and I will contact you.

What is the difference between your service for a divorce online and a self-help divorce?

This service is not for a self-help divorce. We do the divorce–we do the paperwork, the filing in court, the setting of the hearing, and go to court with you.  All you have to do is provide information.

With a self-help divorce, you do your own divorce–you take time off from work to go to the self-help center, make sure all the documents are completed correctly and signed as required; you go back to court to open the case, and then  you take the steps necessary to get a hearing date and file the document for it.

What is the difference between your service and the document preparations services online?

Most people who see the “online divorce” advertisements on search engines for $149 or $299, etc., don’t realize that what they are being charged for is filling out the forms, whether done by a person or some online software.

This is the case with a recent client, who called to see if I would do the divorce because they paid $150 and thought they were getting the whole divorce process.  They didn’t-what they got were the completed forms.  Well, they don’t have the time to go to self-help now, get an appointment and then go back for the appointment and the rest of the process.

How to get legally separated in Florida?  Is there legal separation in Florida?

In Florida, there is no legal separation as such. You and your spouse can separate and decide (for whatever reason) to not file for divorce.   But that is not a legal separation; it’s simply a separation.  If you decide to separate from your spouse, it is important that you consider whether you need a post-nuptial or marital settlement agreement to avoid problems in the event of a divorce later.

Can you divorce online in Miami?

No. As of now, there are no divorces online in Miami. This means that someone must go to the final hearing on the divorce in order to get the divorce decree.  The person who files the divorce (the petitioner) is the one that must go to the divorce hearing.

What we do at MiamiDivorceOnline.com is to represent you in a divorce where we do all the divorce papers via email with you, and we speak with you on the phone if you or I have any questions.  We file the case electronically and then represent you before the court on the date of the divorce hearing.

Related question: can you file for divorce online in Miami?

Yes—we file the divorce online with the Clerk of Courts. But the petitioner (the person filing the divorce) will have to go to a final hearing because, as of yet, there is no process for the court to divorce you online.

Can I get a divorce in Miami without my spouse’s signature?

The only time you don’t need your spouse’s signature to get a divorce is when you don’t know where your spouse is. If you don’t know where your spouse is and want to get divorced, then you need to do a Florida divorce by publication. Your spouse does not have to agree to get divorced; your spouse’s signature is required so that you don’t have to serve them with divorce papers, which is what is done in a contested divorce.

If you do know where your spouse is then you have to get your spouse’s signature to do the divorce as an uncontested divorce. If an uncontested divorce is not possible, then you will have to serve your spouse with divorce papers and, after going through the process of divorce to get a final hearing, the judge in your case will enter a final judgment divorcing you from your spouse—at that point, a signature is not required.

Can you divorce in 3 weeks?

Yes. If your divorce is uncontested at the time you file for divorce in our Miami family court, then you can divorce in 3 weeks. The only exception would be if the judge assigned to your case is not available during that time, in which case you would have to wait about another week or so.

If you’re ready to start, provide your contact details and we will contact you.