I got the final hearing notice from an uncontested divorce in Broward County, Florida. I am an American citizen and the court is asking me to bring some forms as the Marital Settlement Agreement.
My spouse (or future ex) lives in another country, do I have to make her sign for the Marital Settlement Agreement? Who needs to sign that? And I am the only party that will attend the final hearing. Can I still get divorced?
Answer to Florida Divorce Question
Dear Christian,
Although the rules for an Uncontested Divorce specifically state that both you and your spouse must attend the Final Hearing, you might want to file a Motion Requesting a Telephonic Hearing.
You must obtain a date and time for a court appearance from the clerk of court. On that date, you and your spouse must appear together before a judge. You should complete a Final Judgment of Simplified Dissolution of Marriage, Florida Family Law Rules of Procedure Form 12.990(a), and bring it with you to the hearing. At that time, if all of the papers are in order, the judge may grant a final judgment dissolving your marriage under simplified dissolution of marriage procedures by signing the final judgment which you have provided.
Only the judge in your case can decide whether or not to grant or deny your motion. But it is worth a try. Be sure to properly complete the heading section on the form. If you need help, check with your court's self help center services.
Your second question concerning a Florida Marital Settlement Agreement is only required if you and your spouse have marital assets and marital debts to divide, otherwise it is not necessary.
If you do need to bring a Marital Settlement Agreement, both you and your spouse have to sign this form. It will become part of the dissolution of marriage final judgment.
If you have any concerns and need legal advice, you should speak to an attorney in your area. You should only accept legal advice from an attorney.
If you do not have a lawyer, we recommend you use this free Lawyer Referral Service by LegalMatch or call toll free 877-517-7329. Many lawyers offer free initial consultations.
Also, have a look at our Florida legal resources page for more information about free and low cost legal services in Florida.
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