New Marriage Divorce

by Jamie from Marion County, Florida

Only been married 3 months and I'm pregnant by another man. We got married while he was in jail, 3 months ago.

I am now pregnant with another man's baby and no longer want to be married and neither does he.

We have no children together for this is my first child. How do I go about a quick easy divorce?

Answer to Florida Divorce Question

Dear Jamie,

Because you are now pregnant, you no longer qualify for Florida’s Simplified Divorce which in theory should be the fastest way to divorce.

The instructions for the simplified divorce state the following:

• You and your spouse have no minor or dependent children together and the wife is not now pregnant.

• You and your spouse are both willing to go into the clerk’s office to sign the petition (not necessarily together).

• You and your spouse are both willing to go to the final hearing (at the same time).

All three of these requirements disqualify you and your husband from a Simplified Dissolution. If your husband does not contest the divorce, a regular Dissolution of Marriage procedure should not take much longer depending on the county where you file for the divorce.

Your circumstances dictate that you file a Florida Dissolution of Marriage With Children. This is the right form to file because you are currently pregnant. Along with the Petition for Divorce with Children form, there are several other required forms for you to file with the original Petition:

With this Florida divorce form, Petition for Dissolution of Marriage with Dependent or Minor Children, you must also file the following:

• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit.

• Child Support Guidelines Worksheet - if you are asking that child support be ordered in the final judgment. If you do not know your spouse’s income, you may file this worksheet after his or her financial affidavit has been served on you.

• Affidavit of Corroborating Witness OR photocopy of current Florida driver’s license, Florida identification card, or voter’s registration card.

• Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Children - if you and your spouse have reached an agreement on any or all of the issues.

• Notice of Social Security Number.

• Family Law Financial Affidavit - This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition.

• Certificate of Compliance with Mandatory Disclosure - This must be filed within 45 days of service of the Florida divorce form petition on the respondent, if not filed at the time of the petition, unless you and your spouse have agreed not to exchange these documents.

• Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a)or Supervised/Safety Focused Parenting Plan, Form 12.995(b). If the parents have reached an agreement, a signed and notarized Parenting Plan should be attached. If the parents have not reached an agreement, a proposed Parenting Plan may be filed.

Have a look at our web-powered instructions page for Form 12.901(b)(1) for more information and links to all of these online divorce forms listed above. Or why not have all of these documents professionally prepared with our Petition Preparer service. Florida Divorce Documents packages start at just $95.00 complete. Just ask us for a free quote.

I don’t know if you are looking for the biological father to pay child support. But if you are, you will need to file a Petition to Determine Paternity so that child support, custody, and visitation are spelled out by court order. This you will need to file only after the baby is born. Hope this helps.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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