How to File for Divorce in Florida With No Income
- 1). Draft your Petition for Dissolution of Marriage pursuant to the Florida Rules. This petition provides the foundations for your divorce case and must be in a specific legally prescribed format. You can get a free sample copy of the petition from the Clerk of the Court in the Florida county where you resided with your spouse.
- 2). Establish that you or your spouse has been a resident of Florida for at least six months. You may be asked to show evidence such as a Florida driver's license, lease, mortgage documents or utility bill if you are a Florida resident.
- 3). State your grounds for divorce. Your petition will need to list one of Florida's two grounds: that your marriage is irretrievably broken or that your spouse has been mentally incapacitated for three years prior to filing for divorce.
- 4). Fill out a financial affidavit. If you are requesting alimony and child support, you will need to fill out an affidavit affirming that you have no income. On the affidavit, you will be asked to list your monthly living expenses, including housing, transportation, food and medical care.
- 5). Have an attorney review your documents. If your spouse is contesting the divorce or if you are unsure about how to fill out your divorce papers, you will need to speak with an attorney licensed in the State of Florida. When you first consult with your lawyer, make sure that you explain to him or her that you do not have income. Most private lawyers may be willing to let you pay a small upfront retainer and then cover the balance of your fees once you have received your divorce settlement.
- 6). File your Petition and supporting documents with the Clerk of the Court and serve your spouse with the divorce papers. Your spouse will be required to respond to the petition within 20 days if he or she lives in Florida, or 30 days if he or she resides outside of the state.
- 7). Attend your hearing. After the court has received your petition, they will assign you a court date. At your hearing, you and your spouse will have a chance to present your case to the judge before he or she makes a ruling on your petition and support requests.
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