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DIVORCE WITH MINOR CHILDREN

Process

1 – Choose One of the Options Below:

  • Express
/
  • With Summons
/
  • By Publication

Both parties are in agreement and will sign all documents prior to filing the case in court / The respondent is not in agreement or his disposition is unknown. Respondent will need to be served by a Sheriff or Process Server. Respondent will be expected to submit an answer in writing to the court within 20 calendar days. Once the time period has expired a court hearing will be requested. / The whereabouts of the respondent are not known or is presumed to be outside of the country. A publication is published for 30 days. The proof of publication is submitted to the judge along with a request for a hearing.
Duration: 30-45 Days
Can be final without a court hearing, depending on the county the case is filed. / Will depend on the Respondent and also the schedule of the judge / 60-120 Days

Pay - Our fee of $480 or a deposit of $240 with the other $240 due before the documents are ready for filing.

We will complete the divorce forms and will email them to you within 24-48 hours. You will review the documents and make whatever changes necessary.

2 – Signing of the documents – It’s your choice to come to our office and sign the documents or take them to the notary of your choice. We will e-file the documents in the appropriate county. IMPORTANT – Respondent must sign either the same day the Petitioner signs or after – NOT BEFORE

IMPORTANT: I am not an attorney or paralegal. All I do is type forms approved by the Supreme Court of Florida. I cannot nor will I provide any legal advice, neither can I represent anyone in the court of law. A Disclosure from Non-lawyer will be provided which will further explain my limitations.

Rule 10-2.1(b) of the Rules Regulating The Florida Bar defines a paralegal as a person who works under the supervision of a member of The Florida Bar and who performs specifically delegated substantive legal work for which a member of The Florida Bar is responsible. Only persons who meet the definition may call themselves paralegals. Patricia V. Garbo, informed me that he/she is not a paralegal as defined by the rule and cannot call himself/herself a paralegal.

We can only prepare documents based on your direction. For legal advice please contact an attorney.

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SignatureDate

INFORMATION NEEDED FOR DIVORCE WITH CHILDREN

MARRIAGE

Date of Marriage______Place of Marriage______Date of Separation______

PETITIONER

Name ______

Current address ______

City ______State ______Zip ______

Date of Birth______Social Security Number______

Telephone ______Fax (if applicable)______

Email______

RESPONDENT

Name ______

Current address ______

City ______State ______Zip ______

Date of Birth______Social Security Number______

Telephone ______Fax (if applicable)______

Email______

Are any of the parties in the military? If yes, who ______

Maiden Name (if wife desires to have her maiden name restored ______

CHILDREN (1):

First and Last Name: ______

Current address ______

Where Was the Child Born? ______

Date of Birth______Social Security Number______

Where and with who has the child lived within the last 5 years

From Month/Year______To Current

Address: ______

With Who? ______

From Month/Year______To Month/Year______

Address: ______

With Who? ______

From Month/Year______To Month/Year______

Address: ______

With Who? ______

From Month/Year______To Month/Year______

Address: ______

With Who? ______

CHILDREN (2):

First and Last Name: ______

Current address ______

Where Was the Child Born? ______

Date of Birth______Social Security Number______

Where and with who has the child lived within the last 5 years

From Month/Year______To Current

Address: ______

With Who? ______

From Month/Year______To Month/Year______

Address: ______

With Who? ______

From Month/Year______To Month/Year______

Address: ______

With Who? ______

From Month/Year______To Month/Year______

Address: ______

With Who? ______

If more than 2 children, please add another sheet with their information

PARENTING and TIME SHARING:

Would both parents share parenting decisions? Yes ___ No ___

Who will be responsible for medical insurance for the children? ______

How much is the CHILD’s medical insurance monthly? ______Who Pays for It? ______

How will out of pocket medical expenses be distributed? ______

How much is the CHILD’s daycare and/or after school monthly expense? ______

Who pays for it? ______

How do you want to handle the income tax exemption?______

Is there going to be any alimony? ______Who is going to pay it? ______

What are the terms of the alimony? ______

How's the visitation arrangement?

Weekly or Bi-Weekly_____From what day ______To what day ______

Winter Vacation ______

Summer Vacation ______

Other ______

______

IMPORTANT: Please review the Parenting Plan upon receiving the completed documents and let us know of anything else you would like to clarify in the documents.

Are there any related cases such as Child Support or Visitation? If so please provide the following:

Case Number ______Court ______Date ______

Type of Case ______Amount to be Paid (if child support) ______

Please attach a copy of the final court order or final judgment.

Joint Assets and Liabilities (such as property, autos, loans etc.):

Type of Asset/Liability / Who is Keeping It / Further Instructions

Notarizations:

Please indicate how the forms will be notarized:

Husband:At our office _____With another notary ____

Wife:At our office _____With another notary ____

FINANCIAL INFORMATION:

Please provide a financial affidavit for both parties.

The husband’s financial affidavit should only include the income and expenses, assets, etc. of the husband. The same information is required for the wife in her financial affidavit.

If there are joint assets and/or liabilities, they should be listed on both but marking who is keeping them.

Child Support: It is a State requirement that child support is calculated for all divorce cases with children. If you and your spouse have an agreement please let us know.

PETITIONER

Occupation: ____ Employed by: ______

Business Address: ______

Pay rate: $ () every week () every other week () twice a month () monthly
() other: ______

MONTHLY GROSS INCOME:

  1. $______Monthly gross salary or wages
  2. ______Monthly bonuses, commissions, allowances, overtime, tips, and similar payments
  3. ______Monthly business income from sources such as self-employment, partnerships, close corporations, and/or independent contracts
  4. ______Monthly disability benefits/SSI
  5. ______Monthly Workers’ Compensation
  6. ______Monthly Unemployment Compensation
  7. ______Monthly pension, retirement, or annuity payments
  8. ______Monthly Social Security benefits
  9. ______Any other income of a recurring nature (list source) ______
  10. ______
  11. $ ______TOTAL MONTHLY GROSS INCOME (Add lines 1–10)

PRESENT MONTHLY DEDUCTIONS:

  1. $______Monthly federal, state, and local income tax (corrected for filing status and allowable dependents and income tax liabilities)
  2. Filing Status ______
  3. Number of dependents claimed ______
  4. ______Monthly FICA or self-employment taxes
  5. ______Monthly Medicare payments
  6. ______Monthly mandatory union dues
  7. ______Monthly mandatory retirement payments
  8. ______Monthly health insurance payments (including dental insurance), excluding portion paid for any minor children of this relationship
  9. ______Monthly court-ordered child support actually paid for children from another relationship
  10. ______Monthly court-ordered alimony actually paid (Add 25a and 25b)

25a. from this case: $ ______

25b. from other case(s):$ ______

  1. $______TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES

(Add lines 12 through 19).

  1. $______PRESENT NET MONTHLY INCOME (Subtract line 11 from line 20)

SECTION II. AVERAGE MONTHLY EXPENSES

HOUSEHOLD:

Mortgage or rent $ ______Property taxes $______Utilities $______

Telephone$ ______Food $ ______Meals outside home $______Maintenance/Repairs $ ______Other: ______$______

  1. AUTOMOBILE

Gasoline $ ______Repairs $______Insurance $______

  1. INSURANCE

Medical/Dental$______Life $ ______Other: $ ______

PAYMENTS TO CREDITORS

TYPE OF CREDITOR / CREDITOR / MONTHLY PAYMENT / AMOUNT OWED
MORTGAGE
SECOND MORTGAGE
AUTO LOAN
CREDIT CARD
CREDIT CARD
CREDIT CARD

SECTION III. ASSETS AND LIABILITIES

Use the nonmarital column only if this is a petition for dissolution of marriage and you believe an item is “nonmarital,” meaning it belongs to only one of you and should not be divided. You should indicate to whom you believe the item(s) or debt belongs. (Typically, you will only use this column if property/debt was owned/owed by one spouse before the marriage.

  1. ASSETS:

DESCRIPTION OF ITEM(S). List a description of each separate item owned by you (and/or your spouse, if this is a petition for dissolution of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check the line next to any asset(s) which you are requesting the judge award to you. / Current Fair Market Value / Nonmarital
(check correct column)
husband / wife
Cash (on hand) / $
Cash (in banks or credit unions)
Stocks, Bonds, Notes
Real estate: (Home)
(Other)
Automobiles
Other personal property
Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.)
Other
Total Assets (add next column) / $

RESPONDENT

Occupation: Employed by: ______

Business Address: ______

Pay rate: $ () every week () every other week () twice a month () monthly
() other: ______

MONTHLY GROSS INCOME:

  1. $______Monthly gross salary or wages
  2. ______Monthly bonuses, commissions, allowances, overtime, tips, and similar payments
  3. ______Monthly business income from sources such as self-employment, partnerships, close corporations, and/or independent contracts
  4. ______Monthly disability benefits/SSI
  5. ______Monthly Workers’ Compensation
  6. ______Monthly Unemployment Compensation
  7. ______Monthly pension, retirement, or annuity payments
  8. ______Monthly Social Security benefits
  9. ______Any other income of a recurring nature (list source) ______
  10. ______
  11. $ ______TOTAL MONTHLY GROSS INCOME (Add lines 1–10)

PRESENT MONTHLY DEDUCTIONS:

  1. $______Monthly federal, state, and local income tax (corrected for filing status and allowable dependents and income tax liabilities)
  2. Filing Status ______
  3. Number of dependents claimed ______
  4. ______Monthly FICA or self-employment taxes
  5. ______Monthly Medicare payments
  6. ______Monthly mandatory union dues
  7. ______Monthly mandatory retirement payments
  8. ______Monthly health insurance payments (including dental insurance), excluding portion paid for any minor children of this relationship
  9. ______Monthly court-ordered child support actually paid for children from another relationship
  10. ______Monthly court-ordered alimony actually paid (Add 25a and 25b)

25a. from this case: $ ______

25b. from other case(s):$ ______

  1. $______TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES

(Add lines 12 through 19).

  1. $______PRESENT NET MONTHLY INCOME (Subtract line 11 from line 20)

SECTION II. AVERAGE MONTHLY EXPENSES

HOUSEHOLD:

Mortgage or rent $ ______Property taxes $______Utilities $______

Telephone$ ______Food $ ______Meals outside home $______Maintenance/Repairs $ ______Other: ______$______

  1. AUTOMOBILE

Gasoline $ ______Repairs $______Insurance $______

  1. INSURANCE

Medical/Dental$______Life $ ______Other: $ ______

PAYMENTS TO CREDITORS

TYPE OF CREDITOR / CREDITOR / MONTHLY PAYMENT / AMOUNT OWED
MORTGAGE
SECOND MORTGAGE
AUTO LOAN
CREDIT CARD
CREDIT CARD
CREDIT CARD

SECTION III. ASSETS AND LIABILITIES

Use the nonmarital column only if this is a petition for dissolution of marriage and you believe an item is “nonmarital,” meaning it belongs to only one of you and should not be divided. You should indicate to whom you believe the item(s) or debt belongs. (Typically, you will only use this column if property/debt was owned/owed by one spouse before the marriage.

  1. ASSETS:

DESCRIPTION OF ITEM(S). List a description of each separate item owned by you (and/or your spouse, if this is a petition for dissolution of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check the line next to any asset(s) which you are requesting the judge award to you. / Current Fair Market Value / Nonmarital
(check correct column)
husband / wife
Cash (on hand) / $
Cash (in banks or credit unions)
Stocks, Bonds, Notes
Real estate: (Home)
(Other)
Automobiles
Other personal property
Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.)
Other
Total Assets (add next column) / $

E-FILING:

-I/we expressly request from Patricia V. Garbo, to help me/us with the process of e-filing of my/our divorce case, as self-represented Party(ies), since I/we am/are not familiar with it. I/we also authorize her to add her email address so she can be notified of any request by the Court, as a backup protection for me/us

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Please Sign Here Print Name Here