Physical Address
304 North Cardinal St.
Dorchester Center, MA 02124
Understanding How to Get a Divorce in St. Johns County
Filing for divorce in St. Johns County, FL, might seem daunting at first. But it’s a step many take towards a fresh start. Whether it’s the emotional toll or the legal jargon, the process feels overwhelming. Yet, understanding the basics can make a big difference.
In St. Johns County, the process starts with knowing your rights and the required documents. You don’t need to be a legal expert, but a little knowledge goes a long way. From paperwork to court appearances, each step is crucial.
Curious about where to start? Eager to navigate this journey with less stress? Keep reading. We’ll guide you through the essentials, making this tough time a bit easier to manage. Let’s dive into the process together and uncover what you need to know to move forward.
To get more info on filing for divorce in Florida, find a detailed overview in our article, How to File for Divorce in Florida.
Key Takeaways:
- Filing for divorce in St. Johns County, FL requires one spouse to be a resident of the county and both parties agree to have the local circuit court review the case, even if they don’t currently reside there.
- Consulting a divorce attorney is recommended, especially when there are disagreements regarding important issues related to childcare, alimony, or division of assets.
- The divorce filing process in St. Johns County involves completing paperwork, filing the forms with the court, serving the documents to your spouse, attending a parenting course (if applicable), exchanging financial affidavits, and scheduling a hearing.
- Following the correct procedures and meeting all requirements is essential to ensure a smooth and efficient divorce process.
- Seeking professional assistance and understanding the divorce process can help you navigate the proceedings with confidence and achieve a fair and favorable outcome.
Table of Contents
Who is Eligible to File for St. Johns County FL?
Residency requirements for filing divorce in St. Johns County FL
To file for divorce in St. Johns County, FL, you or your spouse must meet certain residency requirements. According to Florida law, one of you must be a resident of the state for at least 6 months prior to filing for divorce. This is crucial as it establishes the court’s jurisdiction over the case.
If you and your spouse currently live together or have previously resided in St. Johns County, you have the option to file for divorce in the local circuit court. However, even if neither of you currently resides in St. Johns County, you can still file for divorce there if both parties agree to have the local circuit court handle your case.
Meeting the residency requirements is essential to ensure that your divorce case is filed in the appropriate jurisdiction, providing a smooth and efficient process.
Grounds for Divorce
In St. Johns County, FL, divorce is a no-fault process, which means that you don’t have to prove that your spouse did something wrong in order to get a divorce. The main ground for divorce in St. Johns County is the irretrievable breakdown of the marriage, which means that the marriage is beyond repair and there is no chance of reconciliation. Another ground for divorce is the mental incapacitation of one spouse for at least three years. If one spouse has been mentally incapacitated for a period of three years or more, the other spouse can file for divorce.
| Grounds for Divorce | Description |
|---|---|
| Irretrievable breakdown of the marriage | The marriage is beyond repair with no chance of reconciliation. |
| Mental incapacitation of one spouse for at least three years | One spouse has been mentally incapacitated for a period of three years or more. |
How To File for Divorce in St. Johns County FL
Steps to File for Divorce in St. Johns County FL
The process of filing for divorce in St. Johns County, FL involves several steps. By following these steps, you can navigate the divorce process smoothly and efficiently:
- Complete the necessary paperwork: Start by filling out the specific forms required for your family situation. Some common forms include a petition for dissolution of marriage and financial affidavits. Make sure to provide accurate and detailed information.
- Sign, notarize, and make copies: Once you have completed the Divorce Forms, sign them and have them notarized. Make copies of all documents, as you will need to keep a record for yourself and serve the forms to your spouse.
- File the forms with the clerk: Take the completed and notarized forms to the clerk of the court in St. Johns County. Pay any required filing fees and submit the forms to the clerk. Obtain copies of the filed papers for your records.
- Serve the documents to your spouse: After filing, you are required to serve the divorce papers to your spouse. This ensures that they are aware of the divorce proceedings and have an opportunity to respond. You can ask a sheriff or a process server to deliver the documents. Keep proof of service for the court.
- Attend a parenting course (if applicable): If you have children, you may be required to attend a parenting course. This course aims to provide guidance and support for co-parenting. After completing the course, you will receive a certificate of completion to submit to the court.
- Exchange Financial Affidavits: As part of the mandatory disclosure process, you and your spouse will need to exchange Financial Affidavits. These documents provide a comprehensive overview of your financial situation. Make sure to accurately complete and exchange these affidavits.
- Inquire about a hearing date: Contact the clerk of the court to inquire about the hearing date for your case. Typically, the hearing is scheduled at least 20 days after filing. Mark the date and make sure to attend the hearing.
- Attend the final hearing: On the scheduled hearing date, bring all the necessary documents with you. This includes the filed papers, financial affidavits, and any other supporting documents. The judge will review your case and, if satisfied, sign the Final Judgement.
- File the Final Disposition: After the judge signs the Final Judgement, you need to file the Final Disposition with the clerk. This officially concludes the divorce process in St. Johns County.
Remember, it is always advisable to consult with a divorce attorney to ensure that you understand the legal requirements and procedures specific to your situation. They can guide you through the process and help protect your rights.
| Step | Description |
|---|---|
| 1 | Complete the necessary paperwork |
| 2 | Sign, notarize, and make copies |
| 3 | File the forms with the clerk |
| 4 | Serve the documents to your spouse |
| 5 | Attend a parenting course (if applicable) |
| 6 | Exchange Financial Affidavits |
| 7 | Inquire about a hearing date |
| 8 | Attend the final hearing |
| 9 | File the Final Disposition |
How Much Does it Cost to File for Divorce in St. Johns County, FL?
When filing for divorce in St. Johns County, FL, there are filing fees that you need to pay. The approximate filing fee in St. Johns County. However, there may be additional minor payments required, such as those covering the cost of making copies.
| Filing Fees | Fee |
|---|---|
| Dissolution of Marriage | $408.00 |
| Simplified Dissolution of Marriage | $411.50 |
| Petitions for Domestic Relations pursuant to Chapters 39, 61, 741, 742, 747, 752, and 753 (support, visitation, custody, and paternity) | $300.00 |
| Counterpetition in any of the above | $295.00 |
| Petitions for Domestic Relations (name change, adoption, delayed birth certificate, Chapter 751: petition for custody by extended family member) | $400.00 |
| Counterpetition in any of the above | $395.00 |
| Reopen | $50.00 |
| Petition for Modification of Dissolution of Marriage | $50.00 |
| Other Fees | Fee |
|---|---|
| Summons Issuance, per summons | $10.00 |
| Enforcement of Foreign Judgment | $42.00 |
| Attorney Appearance Pro Hac Vice | $100.00 |
It’s important to contact the clerk of the court before visiting to inquire about the exact fees and the accepted methods of payment.
If you cannot afford to pay the filing fees, you may be eligible to request a fee waiver by applying for an indigent status. You will need to fill out an Application form and submit it along with the other documents. The court will review your application and decide whether to grant the fee waiver based on your financial circumstances.
Fee Waiver
If you cannot afford to pay the filing fees for divorce in St. Johns County, FL, you may be eligible to request a fee waiver by applying for an indigent status. This involves filling out an Application for Determination of Civil Indigent Status form and providing information about your overall income, liabilities, and debts. The court will review your application and make a determination based on your financial circumstances. It’s important to note that the court may deny your request for a fee waiver if it determines that you do not meet the eligibility requirements.
| Step | Description |
|---|---|
| 1 | Fill out the Application for Determination of Civil Indigent Status form. |
| 2 | Provide information about your income, liabilities, and debts. |
| 3 | Submit the completed form to the court. |
| 4 | Wait for the court to review your application. |
| 5 | Receive a determination regarding your eligibility for a fee waiver. |
Where to File for Divorce in St. Johns County, FL
The court is located at:
4010 Lewis Speedway, St. Augustine, FL 32084, United States
- Phone: +19048193600
How To File Without an Attorney
Filing for divorce without an attorney in St. Johns County, FL is an option if you are comfortable navigating the legal process on your own. Representing yourself in the divorce process, also known as filing pro se, can save you the costs of hiring an attorney.
If you decide to file without an attorney, you will need to handle all aspects of the divorce process yourself. This includes completing all necessary paperwork, filing the required forms with the court, serving the documents to your spouse, and attending all mandatory hearings.
Before proceeding with filing for divorce without an attorney, it’s important to familiarize yourself with the divorce laws and procedures specific to St. Johns County, FL. The local circuit court may provide self-help resources that can guide you through the process and answer any questions you may have.
However, it’s essential to note that the divorce process can be complex, especially if you and your spouse have disagreements regarding important matters like childcare or division of assets. In such cases, hiring a divorce attorney can provide you with the necessary legal expertise and guidance to navigate these challenges.
To see how this process of filing for divorce in St. Johns County compares to that in other Florida counties, check out our articles about how to file for divorce in Seminole County and filing for divorce in Volusia County.
