NextGenJustice Florida attorneys have prepared the following Frequently Asked Questions to help you with your uncontested divorce.

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1 NextGenJustice Flrida attrneys have prepared the fllwing Frequently Asked Questins t help yu with yur uncntested divrce. Frequently asked questins abut yur uncntested Flrida divrce: Q. Hw lng will my divrce take? A. Our part nly takes a few days t begin the divrce prcess. Prgressing t the next step depends n the level f cperatin yu get frm yur spuse. If yu and yur spuse have cme t an agreement regarding child supprt payments, timesharing, and divisin f prperty and debt, it is simply a matter f prcessing the dcuments, filing them with the curt clerk, and waiting fr the judge t sign the divrce judgment. The faster yur spuse signs (and in sme cases returns) paperwrk, the faster the final dcuments can be filed with the cunty clerk s ffice. The rest depends n curt backlg. In sme cases ur NGJ custmers have received a Judgment f Divrce in as little as 4-12 weeks frm the time their final dcs were filed. Q. Hw lng d I have t pay child supprt? A. In general, there are fur different ways child supprt might terminate. (1) Yu must pay child supprt until the child turns 18 years ld unless the child is nt able t supprt himself/herself due t sme type f disability. (2) Yu must pay child supprt until the child graduates high schl if the child is between 18 and 19 years ld. (3) Yu must pay child supprt until the minr child marries, yur parental rights are terminated, r the child dies. (4) If the child is emancipated, yur supprt may be terminated. Q. Can I get my maiden name back? A. Yes. Fr this t be a legal name change, yu must include yur pre-marriage name n the petitin fr divrce frm. In the state f Flrida, wmen have the ptin t regain their maiden name fr free as lng as their divrce case is pen. After it clses, the law des nt differentiate between a taking a new name and restring a maiden name, resulting in a $400 charge t change it. Q. Will I need t make any curt appearances? A. Yes. Disslutin f marriage cases are heard by a judge and bth parties need t appear at the hearing fr the Judgment f Disslutin f Marriage.

2 Q. What if my spuse will nt sign the divrce paperwrk? A.. If yur spuse des nt sign, then the divrce dcuments must be persnally served n (handed t) yur spuse. Serving divrce papers requires that a cpy f the Summns and Petitin fr Divrce be delivered t the respndent. The petitiner must take a cpy f bth t the lcal sheriff s ffice r a certified prcess server. The petitiner prvides the sheriff r prcess server with infrmatin abut the respndent s whereabuts, including emplyment, s he/she can be served. If the respndent cannt be lcated there, the server may leave the papers with a respnsible persn wh is at least 15 years ld. After prcess is served, the server cmpletes a Return f Service frm that shws the time and date f service, the manner f service, and the name f the persn served. At yur request, NextGenJustice can give refer yu t a lcal prcess server whse services (and fees) are separate frm urs. Q. What is an uncntested divrce? A. An uncntested divrce is where bth spuses agree t all issues cncerning the disslutin f their marriage. That is, bth spuses want the divrce and agree n issues relating t grunds fr divrce (r the respndent des nt deny the grunds), custdy f the children, visitatin rights, child supprt, spusal maintenance, and debt divisin as well as equitable (fair) divisin f marital prperty. Q. What is a default divrce? A. A default divrce is when yur spuse fails t answer r sign paperwrk within 20 days f receiving it, but des nt cntest the divrce. The petitiner must file a Mtin fr Default. The curt then finds the respndent in default. Q. What is a cntested divrce? A. After yur spuse is served with the divrce papers, he/she may decide t cntest the divrce by filing a ntice f appearance and/r verified answer/cunterclaim t the divrce actin. This is typically dne by hiring a lawyer. Nte that simply failing t sign paperwrk is a default divrce, and still technically uncntested. Active steps must be taken and respnse papers filed in rder t cntest any legal matter. Q. What happens if an uncntested divrce becmes cntested? A. Yu shuld seek legal advice and cntact a lawyer. NJG frms are fr uncntested divrces nly. Q. Hw d I get my spuse s address? A. A Flrida uncntested n fault divrce des require a current address fr the plaintiff and respndent. Generally, ur custmers use ne r mre f the fllwing methds t btain an accurate address:

3 Call, text r yur spuse Use scial media utlets: Ggle+, Facebk, Instagram, LinkedIn etc. Reach ut t family members and friends f yur spuse If military, call his/her chain f cmmand. State the purpse f yur call and yur relatin as spuse Check the last mail crrespndence fr the return address Enlist the help f a prcess server r private investigatr. NextGenJustice des nt ffer services r have any affiliatin with any investigatr r prcess server, but we can make a referral t independent lcal service prviders. All such services and fees must be paid by the custmer directly t the service prvider. Q. What if my spuse lives ut f state? A. If yur spuse is willing t sign ff n the divrce paperwrk, the Divrce Summns and Petitin fr Disslutin f Marriage can simply be mailed t them even if they are nt in the state f Flrida. If persnal service is necessary, yu may use a prcess server wh is legally authrized t make persnal service f legal papers in the state r cuntry in questin. The server will need t cmplete an Affidavit f Service t be submitted t the curt t shw that the papers were handed directly t yur spuse. NextGenJustice will try t help yu lcate an ut f state prcess server, but their services and fees are neither included in NextGenJustice fees, nr are we affiliated with them in any way. Q. What d I put fr insurance infrmatin? A. Mst f ur custmers refer t their insurance card fr an address and ID number. Q. What d I put fr incme? D I need t supply paystubs/dcumentatin? A. Annual net incme generally includes incme frm all surces minus any deductins. Yu can find several nline calculatrs t help yu determine yur annual incme as defined by Flrida statute. The deductins (e.g. taxes withheld) can be fund n yur paystubs, s it is helpful t have thse at hand when cmpleting this sectin. Bear in mind that accuracy is imprtant in cmpleting this sectin, since by signing the dcuments yu are swearing that yu have tld the truth abut yur incme. If yu knwingly prvide false infrmatin yu are cmmitting perjury, which is a felny. Q. Once I receive my Judgment f Disslutin f Marriage stating my divrce is final, what ther dcuments need t be changed? A. Mst custmers update the fllwing t prtect their assets and identity: Scial security card Driver s license Bank accunts

4 Credit cards Life insurance 401K Wills and/r living trusts Deed Q. Hw is prperty divided in Flrida divrces? A. Flrida fllws equitable distributin, which des nt necessarily mean a 50/50 split, althugh that is certainly a pssibility. Certain circumstances might result in the curt awarding a distributin that is less than equal. Amng ther things, marital prperty includes all prperty that was btained during the marriage (title is nt material) and increases in value t nn-marital prperty. Q. Hw is the respnsibility fr marital bills and debts decided? A. The curt is usually required t rder each party t pay an equal prtin f the debts. The curt can rder an unequal distributin f debt, but disparity in incme alne is nt grunds fr an unequal distributin. An example f what might lead t unequal distributin f the bills/debts is frgery f the ther spuse s signature. Q. Which spuse must attend parenting classes? A. All divrcing spuses wh have children must cmplete a Parent Educatin and Family Stabilizatin class. Each parent must independently cmplete the curse befre the divrce enters the curt. Q. Once I receive my Judgment f Divrce, are there dcuments that need t be revised? A. Mst custmers update the fllwing dcuments and infrmatin t prtect their assets and identity, and/r t change t legal name: Scial Security Card Driver s License Passprts Bank Accunts Credit Cards Life Insurance 401K Other pst-divrce cnsideratins: Updating Wills and/r Living Trusts t remve their ex-spuse Deeds and leases, t crrect name r remve their ex-spuse

5 Changing tax electin Q. Hw is Flrida child supprt calculated? A. In rder t ensure that child supprt payments are fair t bth parents, Flrida law has very defined guidelines fr child supprt. It is very easy t calculate child supprt, especially with the numerus nline tls available. Child supprt guidelines can be fund by visiting Basically, the parties cmbined incme is cnsidered alng with the number f children t determine hw much supprt a parent will pay. Q. Once I receive my Judgment f Divrce, are there dcuments that need t be revised? A. Mst custmers update the fllwing dcuments and infrmatin t prtect their assets and identity, and/r t change t legal name: Scial Security Card Driver s License Passprts Bank Accunts Credit Cards Life Insurance 401K Other pst-divrce cnsideratins: Updating Wills and/r Living Trusts t remve their ex-spuse Deeds and leases, t crrect name r remve their ex-spuse Changing tax electin NGJ is nt a law firm and des nt prvide attrneys r legal services t its custmers. Using NGJ services is nt a substitute fr hiring a lawyer. NGJ des nt guarantee any results f any kind. NGJ cannt and des nt prvide any kind f advice, explanatin, pinin, r recmmendatin abut pssible legal rights, remedies, defenses, available chices, r strategies. When using NGJ, yu are representing yurself. Yu are slely respnsible fr the accuracy, apprpriateness and placement f the infrmatin. If yu need legal advice r assistance in cnnectin with yur matter, yu must talk t a lawyer. Cmmunicatins with NGJ are nt prtected by attrney-client privilege nr as a wrk prduct. Price qutes are fr NGJ services nly and d nt include curt filing fees, prcess server, LLC publicatin r third party cst that may be required in cnnectin with yur legal matter. NGJ is pwered by SmartLegalFrms.

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